The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-07-14
EVELYN THAW ON
WITNESS STAND
Although SubpOenaed by the
State, Her Evidence Fa-
VOred Her Husband.
JUST AS PRETTY AS EVER
SANITY TESTS TO BE MADE BY
ALIENiSTs IN OPEN COURT.

White Plains, n. y July 13.-Evelyn
Nesbit Thaw, pretty, petuIant, as usual,
and dressed in the familiar blue which
she wore so much during the trial Of her
husband, Harry K. Thaw, for the muir
der Of Stanford White, was on the stand
for more than an hour in Justice Mills
court here today, subpOenaed by the
state in its fight to keep Thaw in the
asylum for the criminal insane at Mat
teawan. But for the absence Of the
dainty Elton collar which Mrs. Thaw
wore during most of the murder trial,
she appeared much the same as she did
when Jerome was trying To send Harry
ThaW to the electric chair.
Though called by the state in an en-
deaVOr to prove Harry ThaW irrational.
what Roger Clark. the deputy attorney
general, drew from her today created a
favorable impression for her husband.
She was excused shortly after I o'clock.
but was reSubpOenaCd and viii prob
ably appear again tomorrow. Upon the
outcome Of Evelyn Thaws testimony
the states fight largely rests.
Refused to Answer.
Mr.. Clark tried TO get her to admit
that Thaw had threatened her life, but
turning appealingly to the court, she
repeatedly refused to answer his Gues-
tions, and after a clash between coun-
sci, Justice Mills ruled that he would
hold the conversation in which the
threat was supposed TO have been made
a confidential one between husband and
wife, and therefore privileged, until the
state presented proof to show that Dan
iel O'Reiliy, the New York lawyer who
was present at the time, was not then
acting as counsel for both Mr. and Mrs.
Thaw. This Deputy Attorney General
Clark promised To do. and Mrs. Thaw
was excused after Identifying d num-
Der Of papers in her husbands band
writing.
When Evelyn Appeared.
When Mrs. Thaw entered the court
room and made her way to the stand
there was a buzz Of excitement but,she
showed little concern. On the stand
she was reluctant to answer questions,
and had to be instructed to do so a num-
Der Of times. The tears came 70 her
eyes once when Justice Mills ruled
against her, ana she turned to him and
said
I guess viii have to obey. for I can
not afford contempt proceedings or go
to Jail. Ny husband is not paying me
anything now, and haven't enough
money to hire counsel"
Citizens from PeekskilI and Pough-
keeDsie, where Thaw was incarcerated
for several weeks I'm the Jail, testified
that he never in his actions appeared
to be irrational.
Favorable to ThaW.
A favorable bit Of testimony for Thaw
today was that of Frank TOOmey, his
bOdygUard at Matteawan. He said
Thaw had exhibited no irrational ten
dency. He admitted that Thaw had
criticised the management Of the insti-
tuition at times. and had used harsh
names i'm referring to some Of the physi-
clans. But he added that many sug-
gestions made by Thsw were acted on,
greatly to the Improvement Of the insti-
tuition.
The states representatives, announced
that they had retained DR.. Austin Flint
and DR.. Charles B. Macdonald, who,
with Dr. Amos B. Baker Of Matteawau.
viii make UP the states trio Of alienists
along lines agreed on by counsel yester-
day. DR.. Flint was in court Thaw's
counsel had not decided what aIienists
to call II was. agreed. however. that
the states alienists are to be permitted
to make physical examination I'm the
White Plains Jail. The mental exam
inatiOn to test his sanity is to be con-
Quoted in open court by the lawyers,
PROMPTED bv the eypprts