The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1909-07-14

to show that Daniel O'Reilly the New
York lawyer, who was present at the
time. was not then acting as counsel
for both MIR. and Mrs. Thaw. This
Deputy Attorney General Clarke prom
1sed to do, and Mrs. Thaw was en-
cused after Identifying a number of
papers in her husbands handwriting.
Aside from Evelyn Thaws appear
ance. which was the sensation of the
day. the testimony was much like that
of the previous day-acounts by wit
nesses, called by Thaw's counsel, all
of whom attested to his apparent
soundness of mind. The eagerness to
see Mrs. Thaw was just as intense as
when she appeared daily at the GRIM
inal courts building. A throng of
curious spectators crowded into every
available foot of space of the new
court room, the rumor having gone
out earlier in the day that she would
testify. When she lett the stand such
a crowd followed her that she had to
take refuge in the district attorneys
Office.
When she first entered the court
room and made her way to the stand,
there was a buzz of excitement and
ripple OF comment, but she showed
little concern. On the stand she was
reluctant to answer Mr.. Clarke's ques-
tions and had to be instructed to do
so number of times by the court.
The tears came to her eyes once when
Justice Mills ruled against her, and
she turned to him and said petulently.
II guess | will have to obey. for can
not afford contempt proceedings or
go to Jail My husband is not pay
ing me anything now, and l haven't
money to hire counsel"
On the whole, however, she told lit
tie it anything to show that Harry
Thaw is insane, while a score or more
of lay witnesses. who had observed
Thaw at various times since his COM
mitment to Matewan asylum spoke in
his favor. The witnesses consisted of
citizens from Peekskill and Pough-
keepsie. where Thaw was incarcerat-
former habeas corpus proceedings. at
tendants fro mthe asylum and various
friends of the Thaw family who had
visited the prisoner They all testi-
fed that his conversation and actions
W Iucll W VIC CllllClS
rational.
Perhaps the most favorable bit of
testimony for Thaw today was that of
Frank Toomey. his bodyguard for five
or six months at Mattewan. He said
that Thaw had exhibited irrational
tendency during that time. He ad-
mitted that Thaw had severely criti-
ciZed the management of the institu-
ton at times, and had used harsh
names in referring to some of the ply
sicians in authority. But he added
that many little suggestions made by
Thaw We're acted upon, greatly TO the
Improvement of the management OF
the institution.
The states representatives an
nounced that they had retained DR..
Austin Flint and DIR. Charles b. Mac
Donald, who with DR.. Amos b. Baker
OF Alattewan. will make up the states
trio of alienists along lines agreed
upon by counsel. DR.. Flint was in
court. Thaw's counsel had not decid-
ed what alienists to call
1t was agreed, however, that the
states alienists are to be permitted
to make physical examination of
Thaw in the White Plains Jail. The
mental examination to test his sanity
is to be conducted in open court by
the lawyer prompted by experts.
Whe1. court opened today Thaw's
attorneys took ur the thread of their
case. where they had been interrupted
by ythe testimony OF the plaintiffs
wife yesterday. Thaw's representa-.
tiveG offered additional testimony
along the lines of that given by tho
previous lay witnesses who had eX.
pressed tho belief in Thaw's sanity
The states representatives declared
today that they had found good legal
proof to show that the conversation
between Thaw and his wife at the
Matteawan asylum. in which tho
state contents he threatened to kill
her, was not privileged. Justice Mil
ler ruled yesterday that If this was
satisfactory shown by the state, he
would instruct Mrs. Thaw to answer
Deputy Attorney General Clarke's
questions in regard to the threat. The
answers were blocked yesterday by
the objections of Thaw's counsel that
the conversation was confidential and
privileged.
1t was said today that this afternoon
Justice Mills would adjourn court un-
til Monday in order to allow Doctors
Flint and Mcdonald, the state alien
lists, to make physical examination
OF Thaw in the White Plains Jail.
BUELoW'S SUCCESSOR
Hollweg Appointed Chancellor Of