The Montgomery advertiser., 1909-07-15
THAW is SANE
SAY WITNESSES
Wife's Lips Closed BY
Iechnicaities.
DOES EVELYN SEEK RELEASED
Her Attitude Puzzles Those Inter
ested IN Case.
Justice Msy Decide To Foere Her Ia
TEL Of Threats .Msde Upon Hes
Life Dy Her Hus-
DOES EVELYN SEEK RELEASED

gal technicallttes today ana she did
not resume the stand as expected, to
testify for the State in opposing Har-
ry Thaw's attempt 60 prove himself
sane and his confinement In the asy-
ium for the criminal insane illegal.
The States attorneys announced at
adjournment yesterday that they would
show today that the much disputed
conversation between Thaw and his
wife at the asylum, In which Thaw 10
supposed to have threatened to xiii
her when he got out. was not privi-
legged, and therefore Evelyn Thaw
would be recalled and her testimony
on this point would be admitted. Moth
Ing OF the kind was done, however,
and though young Mrs. Thaw was at
hand. she was not called to the stand.
Instead. there was continuation of
the lay testimony. in Thaw's behalf.
Again tomorrow the State will at
tempt to show that this conversation
which may have an important bearing
on the determination OF Thaw'g men
tai condition, should not be excluded.
AT the adjournment today, Justice Mills
intimated to Thaw's counsel that un-
less further legal reason was advanced
for excluding Evelyn Thaw's- testi-
mony. he would be inclined to admit
It., The court IL inclined to hold that
q threat OF husband against q wife,
or any kind Of abuse, not q conf
Dental communication. Final decision
In the matter will be rendered tomor-
row. Accordingly Evelyn Thaw was
re-subpoenaed to appear and she Will
probably be called as the hrst witness
for the State tomorrow.
0fnciais Think him Sane.
Attendants at the State asylum at
Matteawan testified today that Thaw
always appeared rational In speech and
action while under their observation.
Several physicians who attended Thaw
and his wife and other members Of the
Thaw family testified along the same
line. Mrs. Elizabeth Mcmillan. OF St.
Louis an intimate friend OF the Thaw
family took the witness stand 70 as
sist IN swelling the volume OF tssti-
mony that the young PlttsbnrEer has
regained normal state OF mind since
he shot and killed Stanford White.
Thsw's mother and two sisters, Mrs.
George L. Carnegie and the former
Countess Of Yarmouth. and HIS brother.
Josiah. sat near him during the pro-
ceedings. Justice Mills viii probably
announce tomorrow on what day adj
journment will be taken to permit the
States attorneys to examine Thaw
physically in the White Plains Jail
where he Is now detained in custody Of
the sheriff.
Just what is Evelyn Thaw's attitude
toward her husband Is puzziing. 1t Ia
not generally known whether she
would rather see him free or confined
as a lunatic. While she has been quot
ed often as repeating in effect her
famous declaration or It'll stand by
you, Harry" 1t Is reported that in the
event her testimony ultimately goes
against Thaw his attorney win call
witnesses TO show that she remarked
that she was glad 10 see him in Maj
teawan.
The former chorus girl has not
Joined the Thaw family during the
hearing. When she left White Plains
today she Travelled to New York alone
During her testimony yesterday Mrs.
Thaw said her husband was not sup
porting her properly but 1t was
brought out on the stand today that he
Is paying. her more than $500 q
month.
When court opened, Thaw's attorneys
took up the thread OF their case. which
had been interrupted by the testimony
OF the plaintiffs wife yesterday and
offered additional testimony along the
lines of that given by previous lay wit
nesses, who had expressed their belief
in Thaw's sanity.
The States representatives declared
that they had found good legal proof
by studying the case over night. to
show that conversation between Thaw
and his wife at Matteawan Asylum, in
which the State contends he threatened
to kill her. was not privileged.
Justice Mills ruled yesterday that II
this was satisfactorily shown by the
State he would instruct Mrs. Thaw to
answer Deputy Attorney General
Clark's questions in regard to the
threat. which were blocked yesterday.
Miss Anna @. webb Bailey, a law
yer OF Poughkeepsie. was the first
that she had attended to some small
legal matters for Thaw when he was
In the Poughkeepsie jail and had FREE
quently talked with him. He always
impressed her as a rational man.
Mrs. Mary Murnane. the matFon at
the Poughkeepsie jail, gave similar
Always Asks about Crime.
District Attorney Mack. in cross
examining witnesses. has been careful
thus far to ask IL the witnesses had
ever talked with Thaw about the kill
ing of Stanford White or the running
Of young girls. Invariably, the wit
ness had declared that q delicate sub
ject' and that 1t had mot been APP
preached" It IL the States theory
that one of the essential characterize
tics OF paranoia. OF which Thaw has
been declared to be suffering. 10 that the
patient may only exhibit pronounced
when the one subject which
was the cause OF the mental disarrange-
ment Is brought TO his mind.
At the afternoon session, DIR. Val
demic 6allo, q New York practitioner,
testified that he had seen ThAw about
twenty ave times In all and talked
with him upon these occasions. he
had treated Thaw for insomnia. Thaw
always appeared rational and spoke
and inteliigently.
Mrs. Elisabeth Mcmillan. an elderly
OF st. Louis. who said her hus-
band was a Presbyterian clergyman,
and that she had known Harry Thaw |
Thaw at MatteawAn.
I'VE played dominoes. four Of US, |
and Harry won and II pleased him |
very much" the witness said.
Harry Thaw is the kindest man
who ever lived" Mrs. Mcmillan volun-
teered.
r-t.z- 49, a-aut,.tt.- "a - o,,,.