The Montgomery advertiser., 1909-07-14
WIFE OPPOSES
THAW'S EFFORT
Evelyn Nesbit Thaw on
Stand.
TESTIMONY FAvoRs STATE
Other Witnesses Give Instances Of
Rational Doings.
Railroad Man Distsrss Dis.,sy Of ceurt
IN Rshear.anx Hls Methods Of
Determasans TAaw's Mental
CeaAitaen.

Nobphtt 4nSWs pc0kiaue auu sSa~~~
girlish. and dressed In the familiar
blue which she affected so much dur
ing the trial Of her husband. Harry
X. Thaw, for the murder OF Stamford
White. was on the stand for more than
an hour before Justice Mills In the
supreme court here today subpoenaed
by the state in It's nght to keep Thaw
In the asylum for the criminal in
sane at Matteswan.
But for the absence Of the dainty
eton-coiiar. which Mrs.. Thaw wore SO
much during both Of the murder trials
she appeared 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
endeavor to prove Harry Thaw IRA
fional. what Roger Clarke, the deputy
attorney general drew from her lips
today created rather favorable inn
preston for her husband. She was
excused from the stand shortly after
four o'clock bit was resubpoenaed by
the state and will probably appear
again tomorrow.
Upon the ultimate OUTCOME OF Evelyn
Thaw's testimony the states fight
largely rests. Mr.. Clarke tried hard
today to get her to Rdmit that Thaw
threatened her life when she visited
him on one occasion after his COM
mittment to Matteawan but turning
appeaiingiy 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 confidential between hus-
band and wife and therefore privileged
unless the state presented pfoof TO
show that Daniel oReilly, the New
York lawyer who was present at the
time was not then acting as counsel
both for mfr. and Mrs. Thaw. She was
excused after Identifying q number OF
papers in her husbands handwrit-
ing.
Appenranes Canssa seasasaon. Z
Aside from Evelyn Thawss appear
ance. which ives ths sensation Of the
day the testimony was much like that
OF yesterday accounts BY witnesses
called by Thaw's counsel, all OF whom
attested to his apparent soundness Of
nind.
The eagerness to see Mrs. Thaw was
Just as intense as when she appeared
daily at the criminal courts building.
When she left the stand such a crowd
tOhuWOQ nSE LhAt EMO uaQ 10 kA6c re-
fuge In the district attorneys office
On the stand she was reluctant to
answer Mr., Clarlse's questions and had
to be instructed to do so q number
of times by the COURT The tnars came
to her eyes once when Justice Mills
ruled against her and she turned to
him and said petulantiy 'T guess I
will have to obey for I cannot afford a
contempt proceeding. or go to Jail
My husband is not paying me any
thing now and haven't enough
money to hire counsel"
Perhaps the most favorable hit Of
testimony for Thaw today was that
Of Frank Toomey, his body guard for
i've or six months at Matteawan. He
said that Thaw had exhibited no ir-
rational tendencies during that time
The states representatives announc-
ed today that they had retained Mr..
Austin Flint and Dr. Chas b. MacDon-
aid who with Dr.. Amos b Baker of Mt
teawan, will make UP the states trio
Of alienists along lines agreed upon
by counsel yesterday.
The mental examination to test
Thaw's sanity is to be conducted IN
open court by the lawyers seconded
by the experts.
Evelyn Nesbit Thaw, subpoenaed by
the State, which 10 opposing her hus-
bands release from the Matteawan
Asylum, took the stand this afternoon
as witness at the hearing In the
Supreme Court here on Harry X.
Thaw's mental condition.
Mrs. Evelyn Thaw's entrance into
the court room at the opening Of the
afternoon session created q commotion
in the crowd which filled every seat
and all the aisles. She was dressed In
a neat blue suit and a large hat and
gray plume. Deputy Attorney General
Clark asked the witness about a con-
versation she had with her husband
at Matteawan soon after he was COM
mitted at which Daniel O'Re.lly, one
OF Thaw's former lawyers was PRES
emit.
Mrs. Thaw declined to say whether
she had such q conversation. saying:
IT had rather not answer that ques-
ton
Did Harry Thaw make threat DUR
ing that conversation that he would
kill your" asked Mr.. Clark.
Thaw's counsel objected on the
ground that the conversation between
himself and wife was privileged. Jus
tice Mills ruled that the witness could
answer.
DeciiAes to Answer.
II don't care to answer that ques-
tion," said Mrs. Thaw, and I have
the record will show" added the witt
ness.
The witness declined to answer any
of Mr.. Clark's questions and he asked
the court to instruct her to answer.
II can't afford contempt proceedings
now. and I must o6e~.. said Evelyn,
turning to Justice Mills.
Did you have a conversation with
Mr.. Thaw In regard to your affairsT'
Mrs. Thaw was asked.
I'VE had a talk in regard to a GER
tain thing" said the witness, 81 am not
saying. though, what that thing was"
she added.
Had Mr.. Thaw asked you to do
something for him on that dayf"
mo. sir
Lawyer Morschauser again objected
to Mrs. Thaw's testimony, saying the
conversation was confidential
But" said Mr.. Clark. the CONVEX
sation was threat to kill
VIII Again Take stand.
Then turning to Mrs. Thaw, Mr..
Clark asked IL the conversation was
in regard to something that happened
Just before the shooting of Mr.. White.
The witness said II was.
Mrs. Thaw was excused from the
witness stand temporarily and other
lay witnesses were called BY ThAxvsn