The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-07-14
State Has Proof to Show That Conversation
In Which Thaw Threatened to Kill His
Wife Was Not Privileged.

before Justice Mills in the supreme
| court here today. subpoenaed by the
I state in the fight to keep Thaw in the
asylum for the criminal insane at Mat
I teawan. But for the absence of the
dainty Eaton collar which Mrs. Thaw
! wore during both the murder trials.
she appeared much the same as she
did when Jerome was trying to send
Harry Taaw to the electric chair.
Though called by the state In an
endeavor 10 prove Harry Thaw IRA
tional what Roger Clarke. the deputy
attorney general, drew from her today
created favorable impression for her
husband. She was excused shortly az
ter o'clock. but was resubpoenaed
and will probably appear again tomor-
row
Upon the outcome OF Evelyn Thaw's
testimony the states fight largely
rests, Mr. Clark tried to get her 10
| admit that Thaw had threatened her
life. But turning appealInglv to the
court she repeatedly refused to an
Swer his questions, and after a clash
between counsel. Justice Mills ruled
that he would hold the conversation in
which the threat was supposed 10 have
been made Il confidential one between
husband and wife, and therefore privi-
legged until the state presented proof
to show that Daniel O'Reilly, the New
York lawyer. who was present at the
time, was not then acting as counsel
for both Mr.. and Mrs. Thaw This.
Deputy Attorney General Clarke prom
ised TO do, and Mrs, Thaw was excused
after Identifying a number of papers
In her husbands handwriting.
When Mrs. Thaw first entered the
court room and made her way 10 the
stand there was buzz of excitement,
but she showed little concern. On the
stand she was reluctant to answer
questions and had TO be instructed to
do so a number Of times. The tears
came TO her eyes once when Justice
Mills ruled against her, and she turned
to him and said
Il guess ! Will have to obey. for
cannot afford contempt proceedings or
go 10 jail, My husband is not paving
me anything now and haven't enough
money TO hire counsel"
Citizens from PeekskilI and Pough-
keepsie, where Thaw was lncarcerated
for several weeks I'm the jail pending
former habeas corpus proceedings, tes-
tilted that his conversation and actions
appeared to tnem to be rational
A favorable bit of testimony today
for Thaw was that of Frank Toomey,
his body guard at Matteawan He
said Thaw had exhibited no irrational
tendency He admitted that Thaw had
criticised the management of the in
stitution at times. and had used harsh
names In referring to some OF tho
physicians. But he added that many
suggestions made by Thaw were acted
upon, greatly TO the improvement of
the institution.
The states representatives an
nounoed that they had retained Dr.
Austin Flint and DR.. Charles B. Nc
Donald. who, with DR. Amos B. Baker
Of Matteawan, will make up the states
trio OF allenists along lines agreed
upon by counsel yesterday. Dr. Flint
was in court. Thaw's counsel had not
decided what alienists TO call 1t was
agreed, however. that the states alien
lists are TO be permitted to make
physical examination Of Thaw in the
Waite Plains jail. The mental exam
inatlon TO test his sanity IS to be con-
Quoted In open court by the lawyers,
prompted by the experts