The Irish standard., 1909-07-17
MAY FORCE EVELYN
TO REVEAL THREAT
COURT INCLINED TO ADMIT CON.
VERsATlON BETWEEN THAW
.::. AND WIFE.
HE PAYS HER, $500 FER MONTH
Attendants. at Matteawan Testify that
Prisoner Acted RationaI.-Attitude
Of Former Chorus Girl to Hus-
band Is Puzzling.

White Plains, N. Y, July 15.-Eve.
lyn Thaws lips were still closed by
legal technicalities yesterday and she
did not resume the stand as expected
to testify for the state in opposing
Harry K. Thaw's attempt to prove
himself sane and his confinement in
the asylum for the criminal insane IL
legal. ~, .e
The states attorneys announced at
adjournment Tuesday that they would
show yesterday that the much disput-
ed conversation between Thaw and
his wife at the asylum in which Thaw
is supposed to have threatened to
kill her when he got out was not priv
ileged, and therefore Evelyn Thaw
would be recalled and her testimony
on this point would be admitted.
Nothing of this kind was done, how
ever, and though young Mrs. Thaw
was at hand, she was not called to
the stand: Instead there was con-
tinuation Of the lay testimony in
Thaw's behalf.
Again today the state will attempt
to show that this conversation, which
may have an important bearing on de-
termination of Thaw's mental condi-
ton, should not be excluded, and at
adjournment yesterday Justice Mills
intimated to Thaw's counsel that I'M
less further legal reason was ad-
vanced for excluding Evelyn Thaws
testimony he would be inclined to ad-
NIT it.
The court is inclined to hold that
a threat of a husband against his
wife or any kind of abuse is not con-
fidential communication. Final deci-
sion in the matter will be rendered
today. Accordingly Evelyn Thaw was
re:subpoenaed to appear and she will
probably be called as the first wit
ness for the state today. ;.s
Always Appeared Rational.
Attendants at the state asylum at
Matteawan testified yesterday that he
always appeared rational in speech
and action while under their observa'
ton: Several physicians who attend.
ed Thaw and his wife and other mem.
bers of the Thaw family, testified
along the same line.
Mrs. Elizabeth Mcmillan, of st.
Louis, an intimate friend of the Thaw
family, took the witness stand to as
sist in swelling the volume of testi,
mony that the young Pittsburger has
regained normal state of mind since
he shot and killed Stanford White.
lThaw's mother, his two sisters, Mrs.
George L. Carnegie, and the former
Countess, Of Yarmouth, and his broth
err Josiah, sat near him during the
proceedings.
Justice Mills will probably announce
today on what day adjournment will
be taken to permit the states alien
lists to examine Thaw physically in
the White Plains Jail, where he : is
now detained in custody of the sheriff.
49,. Evelyn's Attitude PuzzIIng.
Just what Evelyn Thaw's attitude
toward her husband is, is puzz1ing. 1t
is not generally known whether she
would rather see him free or confined
as a." lunatic.. While she has been
quoted often as repeating in effect her
famous declaration of ''I'll stand by
you, Harry" it is reported that in the
event her testimony ultimately goes
against Thaw, his attorney will call
witnesses to show that she remarked
that she was glad to see him in Mat.
teawan.
The former chorus girl has not
Joined the Thaw family during the
hearing When she left White Plains
yesterday she travelled to New York
alone.
During her testimony Tuesday Mrs.
Thaw said that her husband was not
supporting her properly, but it was
brought out on. the stand yesterday
that he is paying her more than $500
a month