The Birmingham age-herald., 1909-07-14
Harry Thavs Wife Testifles in
 the Sanity Hearing
AIDS HER HUSBANDS CAUSE
Mrs. Thaw Is Summoned By the State, But Her Testimony Is Very Fa- vorable Toward Her Hus-
 bands Final Release.

White Plains, N. T.. July 1S.-Bvelyn Nesbit Thaw, petulant and school-girlish, and dressed in the familiar blue which she affected so much during the trial of her husband. Harry K. Thaw. for the murder of Stanford White, was on the stand for more than an hour before Jus tice Mills in the supreme court here to- day, subpoenaed by the state in it's fight to keep Thaw in the asylum for the crim- inal insane at Matteawan.
 But for the absence of the dainty Eton collar, which Mrs. Thaw wore so much during both of the murder trials, she ap- peared today much the same as she did when Jerome was trying to send Harry Thaw to the electric chair.
 Although called by the state in an en- deavor to prove Harry Thaw irrational, what Roger Clarke, the deputy attorney general, drew from her lips today created rather a favorable impression for her hus- band. She was excused from the stand shortly after o'clock but was re-sub- poenaed by the state, and will probably appear dsdlH IOfnoTroW
 Wife's Testimony Important.
 Upon the ultimate outcome of Evelyn Thaw's testimony the states fight largely rests. MI. Clarke tried hard today to get her to admit that Thaw had threat ened her life when she visited him on one occasion after his commitment to Mat teawan but turning appealingly to the court, she repeatedly refused to answer his questions, and after a clash between counsel the Justice ruled that he woult hold the conversation confidential betweei husband and wife and therefore privileged unless the state could prove that Danie O Reilly, who was present, was not acting as counsel for both. She was excused after identifying a number of papers il her husbands handwriting.
 Aside from Mrs. Thaw's appearance testimony was much like that of yester. day-accounts by witnesses called by Thaw's counsel, all of whom attested to his apparent soundness of mind.
 An Eager Crowd.
 The eagerness to see Mrs. Thaw was just as intense as when she appeared daily at the criminal courts building in New York. When she left the stand such g. crowd followed her that she had to take refuge in the district attorneys office
 On the stand she was reluctant in an swering MT. Clarkes questions and had to be instructed by the court, and tears came to her eyes when the justice ruled against her.
 Perhaps the most favora ble bit of testi- mony for Thaw today was that of Frank Toomey, his body guard for five or six months at Matteawan He said that Thaw had exhibited no irrational tenden- cies during that time.
 The states representatives announced today they had retained Dr. Austin Flint and Dr. Charles B. Mcdonald, who, with pr. Amos B. Baker of Mat teawan, will make the states trio of alienists along lines agreed upon by coun- sel yesterday.
 The mental examination to test Thaw's sanity is to be conducted in open court by the lawyers seconded by the ex- perts.
 Mrs. Thaw Questioned.
 MT. Clark, in his examination of Mrs. Thaw, asked her to describe the appear ance of Thaw at the time she had the conversation with him at Matteawan.
 "I met him in the dining room and we both sat on one chair" said Mrs. Thaw. "The conversation lasted only a few min utes. His hair was unused and he wore a handkerchief in place of a collar
 Did his eyes protrude?" asked MT. Clark.
 Yes" said Mrs. Thaw.
 During that conversation did Harry K. Thaw say these, words to this effect to you: When I get out of here I will have to kill?'" asked MT. Clark.
 Thaw's counsel objected to the ques- ton and the witness did not have to an- swer.
 Justice Mills ruled that the converse ton between Thaw and his wife at that time was confidential. and need not be re- peated by the witness.
 MT. Clark argued that the conversation was not confidential, as 1t contained a threat against the life of one of the par- ties. Attorney Wfnslow argued that the conversation was material as bearing upon the sanity or insanity of Thaw, the real issue before the court.
 MT. Clark asked the privilege of asking the witness some preliminary questions.
 Was the subject of conversation partly in regard to the killing of Stanford White?" asked MT. Clark.
 The witness said it was.
 Judges Decision.
 Justice Mills finally said that if the state could show that Daniel O'Reilly was not acting as counsel for both Thaw and his wife, at the time he was present at the Matteawan conversation, he would rule that OReilly made distinterested third party present, which overcomes the legal privilege.
 At one time. when the fencing over the admissibility of the question asked Mrs Thaw was under discussion, she turned to Justice Mills and said:
 ''Will I be in contempt if I don't an- swer. I can't afford to go to Jail, and as my husband is not now paying anything to me have not money enough to hire counsel?"
 Thaw watched his wife intently while she was on the witness stand, but he did not appear to be perturbed by her pres, ence. Mrs. Thaw appeared more mature and a schoolgirl expression accentuated her beauty as 1t did when she wore her Eton collar and testified at her husbands trials in New York