The Birmingham age-herald., 1909-07-16
Evelyn Thau Admits That Her Husband, Harry Thaw,
 Threatened to Kill Her
FATAL TESTIMONY IS
 FORGED FROM WITNESS
Harry ThaW's Case Loses Ground When Ills Wife Is Compelled To Tell What He Said to Her
 On Visit to MatteaWan.

White Plains, N. T., July 15.-Harry K. Thaw's pretty little wife, formerly the chorus girl, Evelyn Nesbit, went on the stand here today and gave damaging tes- timony against him. It was the strongest point scored so far by the state in its fight to keep Thaw in the asylum for the criminal insane at Matteawan. He de- mands his release through habeas corpus procedure on the ground that he is sane man. When today's session was concluded adjournment was taken until July 26
 For three days the state has been try ing to bring out that Thaw threatened his wifes life on one of her visits to Matteawan as tending to show his ira tionality. Blocked at first by objections which were sustained by the court, Thaw's attorney at last failed to show that the alleged conversation at Matteawan was confidential as between man and wife, and when Evelyn Thaw took the witness chair her lips were unseaed. She re- lated, as if in fear. what Thaw's lawyer has sought most to keep back, his al- legged threat to take her life if he were released from the asylum. Whether assumed or not the trim wit ness in blue expressed apprehension while testifying She was quoted afterwards as saying that she testified because of ehe treeatment she received at the hands of the Thaw family, but on the stand she apparently struggled hard not to tell, and when compelled to do so by the court she obeyed reluctantly and tearfully.
 The Fatal Question.
 Did Harry K. Thaw threaten to take your life?" she was asked directly by Deputy Attorney General Clark.
 Did he at any time say this to you or this in substance: I shall have to kill you when get out of hereT" "
 The court room was hushed and Evelyn Thaw turned appealingly to Justice Mills. She begged to be allowed not to answer because she said she knew she would in- cur his everlasting animosity and her attitude indicated she believed he might carry out his alleged threat She also urged with some show of feeling that she was still Thaws wife and no matter how he had treated her she did not want to testify against him. But the court ruled that the only possible grounds upon which she could decline to answer were that it would tend to incriminate her and he added that he did not sees how that would be applicable to her situation.
 Then Evelyn Thaw answered the ques- tion.
 "Yes. he did," she said in low voice.
 What were his exact words?' demand ed MT. Clark.
 "He said: When get out of here I suppose will have to kill you. "
 why did he say that?'
 We were discussing his mental condi- tion. I had asked him what he meant l,a cot1 on the night previous, when I missed White by two minutes
 Thaw Not Surprised.
 Thaw, when asked about his wife's testi- mony after court adjourned said he was not surprised at hS' attitude. but he em- phatically denied tat he ever threatened her life.
 Tt Is very plain to every one that her story is not true he said. 'I never threatened to kill her. First she says one thing and then another"
 'Is 1t true you made an attempt on Whites life the day before the homicide was committed?'
 "If I had you would have learned it before this,' replied Thaw.
 Dr. Adolph Meyer of the state lunacy commission testified that he had talked with Thaw about the reasons leading up to the shooting of Stanford White prin- cipally the alleged debauching of the girl
 Anthony Comstock, president of the New York Society for the Supremacy of Vice, described his efforts to assist Thaw to get sufficient evidence of Whites prac- tices to prosecute him crimnally.
 Up to within a day or two of the trag- edy the witness said he saw Thaw and obtained data from him in regard to Whites conduct. He was of the opinion that Thaw was sane.
 Other witnesses told of their experi- ences with Thaw when he appeared sane
 It has been decided ot abandon a phys ical examination of Thaw by the states alienists and to confine the insan- lty test by the experts to the mental ex- animation of Thaw witness.
 Mrs. Thaw's Statement.
 Before leaving White Plains for New York this evening, Evelyn Thaw discussed her testimony.
 If the Thaw family had done the right thing by me I would never have taken the stand to testify against my hus- band" she said, ''but they would not guarantee me the allowance asked for when the annullment proceedings were begun. If they had done that I would have been far away from here today and Harry would have better chance of getting his liberty.
 q don't know what I shall do now. 1 have no idea what my future course will be. I must go out and get living some how I can't go back to the stage. My notorety would prohibit that. Thedpublic would say testified against my husband to make myself notorious. I will try to get work as a model. can do it, too l am sure.
 "Often feel sorry I ever saw the stage at all. As model I can be good girl and earn enough to keep me- l can hope for nothing from my husbands family and that's my position in a few words
 If l had not been compelled l would never have testified against MT. Thaw. But when my husband cut my allowance