The Washington herald., 1909-07-15

White Plains, n. Y, July 14-After a
highly interesting session to-day. the In
quiry into the mental condition OF Harry
X Thaw, before Justice Mills. In the Su-
preme Court at White Plains. was ad-
journed over until tomorrow, with the
outcome stIH up in the air.
Both Daniel OReiny and Evelyn Thaw
were on hand at the courthouse and ready
TO testify. but returned to New York this
evening without being called 70 the Wit
ness stand.
Lawyer O'Reilly admitted in an inter
view that he was counsel for Harry X.
Thaw. as we'll as for his wife. Evelyn, at
the time when 1t is alleged that Harry
threatened 10 kin his wife If he was re-
leased from the mad house. This would
bar out Evelyn's testimony regarding the
conversation at the Matteawan asylum,
as Justice M:lls has held that the lawyer.
having been present in q confidential ca
pacity, could not disclose their secrets on
the witness stand.
As Thaw's fate IS believed 70 hang
largely on the testimony OF his wife, the
situation looked very good for him until
the lawyers representing the State, after
delving In the law books. unearthed a de-
cision Of the appellate division OF the
Supreme Court in which it was held that
in a civil proceeding where a husband
makes threats against q wife. or a wife
against a husband. their testimony is
competent and admissible.
This decision has never been reversed
by the higher courts It was brought 10
Justice Mills attention by the lawyers
for the State. and he said that he would
consider Il, and also directed the lawyers
10 look il up and be ready 10 argue ii
out before him before the regular trial
begins tomorrow morning.
District Attorney Mack, OF Duchess
County, said.
7 am confident the decision will admit
the testimony Of Evelyn Nesbit Thaw
and that the contention Of Mr.. Mors-
chauser that the conversation at the
Matteawan Asylum was confidential
communication between husband and wife
will not hold good. The law was never
intended TO protect a threat"
May Tell of Threat.
The lawyers for the State expect L
put Evelyn on the stand tomorrow morn
ing to testify as 10 threats alleged L
have been made by her husband agains
her
AS she was leaving the court room
Charles BIorschauser. counsel for Thaw
said that should the younger Mrs. ThaW
testify against her husband. he would
produce witnesses 10 prove that she had
said that she would keep Harry IN the
madhouse as long as possible MIR
Morschauser also claims that Evelyn's
testimony will not hurt her husband be-
cause she has on several occasions testi-
fed that she considered hun sane.
To disprove her statement that her hus-
band no longer supported her, Mr.
Morschauser put a witness on the stand
who testified that Harry was still paying
Evelyn so a week. with an additional
500 on the last OF each month. This
witness was DR.. Valdemarl Sillo. a physi-
clan 10 Harry Thaw. He testified that he
receives the checks from Mr.. AIorschauseT
and turns them over 10 Evelyn Thaw.
Evelyn Great Spender.
Lawyer Morschauser said that the rea-
500 all in a lump every month was that
she was a great spender, and would be
back in a few days for more.
Dr. SiHos relations with Thaw al first
were those OF a physician, but later OF
they grew more confidential. The doctor
testified that one day while he was paying
professional visit 10 Thaw ar the
Poughkeepsie jail the patient said that Il
was wrong for his wife (meaniGg Eve
lyn) 10 keep him so much in the public
eye.
But wnat can I do?" continued Thaw
'T have done all can TO stop it"
He spoke Of the episode at the Knicker
becker Hotel, over which Evelyn hat
threatened to sue the management fol
being elected from the dining-rOOm, and
said that it was very painful to him
.'Thaw seemed 10 be very much ag
grieved by the actions OF his wife," con
anued the doctor.
Thaw Is Hopeful.
AS usual. Thaw was calm and hopefu
to-day He aided his counsel so much II
framing up the questions TO be put at tn,
witnesses and preparing the papers tha
Lawyer Morschauser ceased referring {,
him as a client and called him my asso
ciate"
Evelyn did not show her face IN tn
court room. but sat IN the district attor
ney's Office all the afternoon, which wa.
besieEed by a large crowd Of sightseers.
Occasionally she ventured out 20 pos
for the newspaper artists. She was es
cOrted 10 the $40 train for New York b,
a newspaper reporter.
Wanted TO See that Evelyn.
Ore OF the most deeply absorbed spec
tators in the court room to-day was
woman past eighty. with a face wrinkle,
with age. She waited until she heard III
noon whistle blow, and then she told
court officer that she would have to hurr
home and get dinner for her "old man.