Daily press. [volume] (Newport News, Va.) 1896-current, 1909-07-14
REFUSES TO ANSWER QUESTIONS
States Attorney Clark Depends Upon
Girls Testimony to Keep Stanford
Whites Slayer In Asylum, But Al!
She has Said so Far Supports
Prisoners Claim.
(By Associated Press)

WHITE PLAINS, n. Y. July 49,
Evelyn Nesbit Thaw, as pretty as ever.
petulant and school girlish, and dress
ed In the familiar blue which She ar
fectesl so much during the trial of her
husband. Harry X. Thaw. for the muir
der of Stanford White. was on tn-
stand for more than an hour before
Justice Mills in the Supreme Court
here today, subpoenaed by the State
in It's fight 10 keep Thaw in the asylum
fer the criminal insane at Matteawan.
But for the exception dainty Elton
cellar which Mrs Thaw wore so much
during her husbands trial. she APP
peared today much the same as she
did when Jerome was trying to send
Harry Thaw to the electric chair.
And though called by the State in
an endeavor to prove Harry Thaw IT.
rational. what Roger Clarke, the
deputy general. drew from her lips
today created rather a favorable i'm
preston for her husband She was
excused from the stand shortly after
4 o'clock but was resubpoenaed by the
State and will probably appear again
tomorrow.
Upon the ultimate outcome of Eve
Ign Thaw's testimony the State fight
largely i'tsts. Mr. Clarke tried hard
today to get her admit that Thaw had
threatened her life when she visited
him on one occasion after his CON-
mitment TO Matteawan.
But turning appealingly to the court
she repeatedly refused to answer his
questions and, after a clash between
counsel, Justice Mills ruled that he
would hold the conversation In which
the threat Is supposed to have been
made to be a confidential one, and
not privileged one 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 as counsel for both Mr.. and
Mrs. Thaw. She was excused after
identifying a number OF papers in he.
husbands handwriting.
All For Thaw.
Aside from Evelyn Thaw's appear
ance. which was the sensation of the
day the testimony was much Ike that
OF NEUTRALITY-SUSPICIOUS. by witnesses
called by Thaw's counsel. all OF whom
attested to his apparent soundness OF
mind.
The eagerness to see Mrs. Tnaw
was just as intense as when she APP
peared daily at the criminal courts
building. When she left the stand
she was followed by crowd until she
had o seek refuge. On the stand she
was reluctant to answer ar. Ciark's
questions and had to be instructed 20
40 so number of times by the court
The tears came to her eyes once when
Justice Mills ruled against her and
she turned to him and said pefuianf-
ly: Fl guess | will have to obey. for
] cannot afford contempt proceedings.
or g0.to jail. My husband Is not pay
ing me anything now and I haven't
enough money to hire counsel
Not Irrational, says Guard.
Perhaps the most favorable bit Of
testimony fer Thaw today was that OF
Frank Toomey. his body guard for five
or six months az Natteawan. He said
that Thaw had exhibited no irrational
tendencies during that time.
The States representatives announc-
ed today that they had retained DR..
Austin Flint and Dr. Charles y. Mac
Donald who with Dr. Amos n. Baker,
OF Matteawan. viii make up the States
trio az alienists. along lines agreed
upon By counsel yesterday.
The mental examination 20 test
Thaw's sanity Is 70 be conducted IN
open court BY the lawyers prompted
bv the experts.