Arizona republican., 1909-07-14
AN EVASION
 0F QUESTION
 x, W As to Whether IhaW Threat ened to Kill His Wife EVELYN ON THE STAND
She Had Had No Money From Her Husband Late ly and Couldn't Afford to Hire a Lawyer to Keep Her Out of Jail.

White Plains, July 13.-Evelyn Nes- bit Thaw's entrance into the court room today created commotion. She was dressed in a blue suit and large hat with gray plumes. The district attorney. asked the witness about a conversation she had with her hus- band at Matteawan soon after he was committed.
 Did Harry make a threat during the conversation that he would kill you?" asked Mir. Clark. Thaw's coun- sel objected. but Justice Mills ruled that the witness must answer. T can't afford contempt proceedings now and must obey" said Evelyn turn ing to Justice Mills.
 Did you have any conversation with Thaw regarding your affairs
 We had a talk in regard to a certain thing"
 Had Thaw asked you to do some thing for him that day."
 No"
 Lawyer Morschauser again ob- jected,. saying that the conversation was confidential
 But" said Clark, the conversa- ton was threat to kill
 Turning to Mrs. Thaw, Clark ask ed if the conversation was in regard to something that happened just be- fore the shooting of Stanford White. The witness said it was During that conversation did Thaw say words to this effect to you: When I get out of here. I will have to kill your Thaw's counsel objected. Justice Mills ruled that the con versatlon between Thaw and his wife at that time was confidential and need not be repeated. Attorney Winslow argued that the conversa- tion was material as bearing upon the sanity or insanity of Thaw.
 Was the subject of the conversa- ton partly in regard to the killing of Stanford White?" asked Clark.
 The witness said it was. Clark had Mrs. Thaw identify some papers written by her husband. At one time Mrs. TRaw turned to Justice Mills and said: will I be in contempt if do not answer? I cannot afford to go to jail and as my husband is not now paying anything to me have not money enough to hire coun-
 
 ly
 sa Mrs. Thaw appeared more mature and seemed less like the demure school girl whose expression accen- tuated her beauty as it did when she wore an eton collar and she testified at her husbands trials in New York.
 Though called by the state in an endeavor to prove that Harry Thaw
 
 ney general drew from her today created a favorable impression for her husband She will testify again tomorrow Upon the outcome of Evelyn's testimony, the states fight will largely rest.
 A favorable bit of testimony for Thaw today was that of Frank Toomey. his bodyguard, at Mattea- wan. He said that Thaw exhibited no irrational tendency. He admitted that Thaw criticised the manage ment of the institution and used harsh names in referring to some of the physicians, but he added that many of the suggestions made by Thaw had been acted upon and great ly improved the institution.
 The states representatives announc- ed that they had retained Dr. Austin Flint and Dr. Charles B. Macdonald, who with Dr. Amos B. Baker, of Mat teawan, will make up the states trio of alienists along. the lines agreed upon by counsel yesterday. The alienists are to be permitted to make q physical examination of Thaw in White Plains jail. The mental exam ination to test his sanity is to be conducted in open court the lawyers to be prompted by the experts