The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-07-13
MRS. THlV
is ON s 7 AND
State Calls Evelyn to
Testify Against Her
Husband.

White Plains. N. Y, July 13.-Eve-
lyn Nesbit Thaw, subpoenaed by the
state which is opposing her husbands s
release from the Matteawan asylum
for The criminal Insane took the stand
today as a witness at the hearing, in
the supreme court here on Harry *.
Thaw's mental condition.
Evelyn Nesbit Thaw arrived in
White Plains this afternoon.
Her entrance into the courtroom
created n oommotion in the crowd
which filed every seat and all the
aisles. She was dressed in neat
blue suit and a large hat with gray
plumes. Deputy Attorney Clark asked
the witness about a conversation she
had with her husband at Matteawan,
soon after he was committed. at
which Daniel O'Reilley, one of Thaw S
former lawyers, was present.
Mrs. Thaw declined TO say whether
she had such a conversation. saying,
Il had rather not answer that ques-
tion
did Harry Thaw make n threat
during the conversation that he would
kilI you?" asked Mr. Clark
Thaw's counsel objected on the
ground that the conversation was be
tweep husband and wife, and was
privileged
Justice Mills ruled that the witness
could answer
Il don't care to answer that ques-
ton. said Mrs Thaw. "and | have
not claimed any privilege so far as
h., Oh oIIn1
"Thc witness ucCliucd to answer
any OF Nh Clark's questions, and he
asked the court TO instruct her TO
answer.
Il can't afford contempt proceed
ings now, and I mus obey said Eve
Iyn. turning TO Justice Mills.
Did YOU have a conversation with
Mr.. Thaw in regard 10 your AFFAIRS
Mrs Thaw was asked,
I'VE had a talk I'm regard to a Ger
tain thing" said the witness. 81 am
not saying though. what that thing
was she added.
bad Mr Tbaw asked You TO do
something for him on that day.
NO, sir
Lawyer Morschauser again objected
TO Mrs Thaw's testimony saying the
conversation was confidential
But, said Mr. Clark the conver-
sation was a threat to kill
Then. turning TO Mrs Thaw, Mr..
Clark asked n the conversation was IN
regard to something that had happen
cd Just before the shooting of Mr..
White
The witness said it was
Mr. Clark asked her TO describe the
appearance of Thaw at the time she
had the conversation at Matteawan.
Il met him in the dining ROOM" said
Mrs. Thaw. THE conversation last
ed only a few minutes. His hair was
mussed and ne wore a handkerchief
in place Of a collar"
Did his eyes protrude?' asked Mr.
Clark
well, I would not say they pro-
truded. but they were very promin-
ent." replied the witness.
More prominent than usual?'
"Yes."
During that conversation, did Har-
" * Thaw gay this or words to this
effect to YOU. When I get out of here.
! | viii have 70 kill YOU -?
Thaw s counsel objected TO the ques-
tion and the witness did not have to
| answer.
Justice Mills ruled that tle conver-
sation between Thaw and his wife at
that time was confidential and need
/ not he repeated by the witness.
Attorney WinslOw argued that the
conversation was material as bearing
on the sanity or insanity Of Thaw,
the real issue before the court
, Mr.. 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 Mr.. Clark.
The witness said 1t was.
Justice Mills finally said that il the
state should snow that Daniel OReil,
H. was not acting as counsel for both
Thaw and his vito at The time he was
present at the Matteawep converse.
lion he would rule that O'Reilly made
dlsiltcrested third party present
5lch oyeTcOmes thc legal privilege.
Mt Clark had Mrs, Thaw Identify
| me papers written bv her husband
A. one time when the fencing over
| ne admission oi the questions asked
| -rs. Tb0W was under discussion. she
urned TO Justice Nill and said.
"Will ] be in contempt III i do not
answer? l cannot aGord 10 80 10 jail