The Washington herald., 1909-07-16

White Plains, n. Y, July I5.-
That Harry Thaw was not insane
when he killed Stanford White on
the roof garden at Madison Square
was the startling piece Of informa-
hon volunteered to-day by Evelyn
Nesbit Thaw at the hearing at
which her husband hopes to obtain
his release from the Maueawan
Asylum.
She told the court that Thaw
had confded to her that he was
cunning for his man" for two
days before the killing, and that
once he missed him by only two
minutes.
This belated evidence is said to have
been in the hands Of the New York state
authorities since the first trial OF Thaw,
but. try as he did. District Attorney
Jerome was unable TO get it before the
jury.
II was a privileged" question between
man and wife at the two murder trials.
and Thaw's counsel prevented It from be-
ng asked. Now. however, that It has been
spread upon the records. as in a civil
proceeding. as the insanity hearing has
been stamped. there are no privileged
questions as to man and wife
He Threatened Her Life.
Mrs. Thaw. who twice barred her life
story to save her husband from the
electric chair. also told the court OF his
threat to kiH her.
when I get out Of here I suppose III
have 70 shoot you next" were the words
The wife quoted Harry Thaw as having
said on the occasion OF one Of her visits
to him while he was prisoner IN the
asylum
Mrs. Thaw gave this testimony with all
the appearances Of reluctance. yet the
reluctance was not prompted by a saving
consideration OF her husbands present
interests.
When Justice Mills admOnished her that
under the law she must answer the ques-
tions put 10 her by counsel for the State
she broke forth passionately that she
feared the consequences of an answer
and declared that she would incur the
undying hate and enmity OF her husband
il forced 10 tell what the lawyers had
asked her.
Thaw and his counsel were not unpre-
pared for this move Immediately after
Evelyn Thaw had voiced the quotation
which might have appeared in her eyes
damaging to the case Of her husband, Mr.
Morschauser. counsel for Thaw, had
the witness identify four letters which
Thaw pulled out Of his pocket They
were written by her TO him since his i'm
prisonment after the shooting OF Stanford
White. These, marked for identification
before the court, will tear the unfavorabIe
presumption Of Evelyn Thaw's testimony
10 tatters when they are submitted in
evidence. said the counsel to the reIator.
Evelyn Thaw's appearance followed i'm
mediately upon the opening Of the after
noon session Of the court
Court Room Jammed.
The room was jammed with an eager
audience, largely of women. in anticipa-
ton OF her coming.
When her name was called she made
her way to the witness stand. The young
woman sat and famed herself with big
palm leaf while Attorney Morschauser
took exception TO the Justices ruling ad-
mitting in evidence the wife's conversa-
tion with her husband a conversation
which Thaw's attorney had characterized
rs ''privileged' and nonadmissible.
at the time you saw Harry *. Thaw
in the dinins-room Of the Matteawan
Asylum for the Criminal Insane. when
Daniel O'Rellly his counsel. was pres
ent, and shortly after Thaw's commit
ment TO that institution. did you hear
Harry Thaw say, When I get out of
here I shall have to kill your " was the
question that Deputy Attorney General
Clarke put 10 her
Mrs. Thaw turned to Justice Mills with
her mouth puckered in seeming perplex-
lty.
Now. have I got to answer that Ques-
hon?" she asked him.
The presiding judge advised the witness
that she would have 10 answer unless
she cared TO take the exemption allowed
Continued on Page 3, Column 3.
s1.25 10 baltimore and Return
Saturdays and Sundays via Pennsylvania
raf1