The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1909-07-15
Called By State to Prove
Her erHusbandI dIrratiOndl
But Testimony Created
Opposite impression
STATES CASE RESTS LARGELY
UPON MRS. THAW-DECLfNED
TO ANSWER SOME. QUESTIONS
AND APPEALED TO COURTS.

WHITE PLAINS, July 14.-When
the Thaw hearing began today the
states attorney said they had found
proof to show that the conversation
between Thaw and his wife in the
Mattewan asylum in which the state
contended that he threatened to kill
her was not privileged.
Evelyn Nesbit Thaw, as school
girlish as ever, dressed in the IA
miliar blue which she affected so
much during the trail of her hus-
band, Harry X. Thaw, for the muir
der of Stanford White, was on the
stand for more than an hour before
Justice Mills in the supreme court
here today, subpoenaed by the state
in the fight to keep Thaw in the
asylum for the criminal insane at
Matteawan But for the presence of
the dainty Eaton collar which Mrs
Thaw wore during both the MUIR
der trials. 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
endeavor to prove Harry Tha% IRA
tional, what Roger Clark, the depsii4s
attorney general drew from her to-
day created a favorable impression
for her, husband.
Upon the outcome of Evelyn
Thaw's testimony the states fight
largely rests. Mr.. Clarke tried to get
her to admit that Thaw threatened
her life. But turning appealingly to.
the, court, she. repeatedly refused to
answer his questions. and after
clash between counsel, Justice Mills
ruled that he would hold the con-
versation in which the threat was
supposed to have been made con-
fdential one between husband and
wife, and therefore privileged until
the state presented proof to SHOW
that Daniel O'Reilly, the New York
lawyer, who was present at the time,
was not then acting counsel for both
Mr.. and Mrs. Thaw. This, Deputy
Attorney General Clarke promised to
do, and Mrs. Thaw was excused after
identifying her husbands handWrit-
ing.
When Mrs. Thaw first entered the
court room and made her way to the
stand there was buzz OF excitement,
but she showed little concern. On the
stand she was reluctent to answer
questions and had to be instructed
to do so number of times. The
tears came to her eyes when Justice
Mills ruled against her, and she
turned to him and said;
II guess | will have to obey, for
cannot afford contempt proceedings
or go to jail My husband is not
paving me anything now and l
haven't enough money to hire coun-
sell
Citizen from Peekskill and Pough-
keepsie, where Thaw was incarnated
for several week in the jail pending
former hebeas corpus proceedings,
testified that his conversation and ac-
tions appeared to them to be rational.
A favorable bit of testimony to-
day for Thaw was that OF Frank
Toomey, his body guard at Mat
teawan. He said Thaw had exhibited
no irrational tendencies. He ad-
mitted that Thaw had criticised the
management of the institution at
times. and had used harsh names in
referring to some OF the physicians.
But he added that in many sugges-
tions made by Thaw were acted up
on, greatly to the improvement OF
the institution.
The states representatives an
nounced that they had retained Dr.
Austin Flint and DR.. Charles B. Nc
Donald, who, with DR.. Amos B. Baker
of Matteawan. will make up the
Continued on page two)