The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-07-14

during that conversation that he
would kill you?" asked Mr. Clark
Thaw's counsel objected on the
ground that the conversation between
husband. and wife was privileged.
Justice Mills ruled that the wit
ness could answer.
"I don't care to answer the ques-
tion,'' said Mrs Thaw- tAnd I have
not claimed any privilege SO far as
the record will show" she added
The witness declined to answer
any of Mr.. C1ark's questions, and he
asked the court to instruct her to
answer. 'I can't afford contempt
proce edings now and must obey"
said Evelyn, turning to Justice Mills.
Did you have a conversation with
Mr. Thaw in regard to your affairs %
Mrs. Thaw was asked.
1--WE had a talk in regard to a GER
tain thing" said the witness.
''I am not saying though what that
thing was she added.
HAD Mr.. Thaw asked you to do
something for him on that day?"
Lawyer M ssr' Moraschauser again OBJ
jected to Mrs. Thaw's testimony, say
ing the conversation was confidential.
A Threat to XIII,
But said Mr.. Clark $the con-
versation was a threat to kill" Then.
asked if the conversation was in re-
gard to something that happened just
before the shooting of Mr.. White.
The witness said it was.
Mr. Clark asked her to describe
the appearance of Thaw at the time
she had the conversation at Mattea
wan.
'I met him in the dining room"
said Mrs. Thaw. THE conversation
lasted only a few minutes. His hair
was mussed and he wore a handker-
chief in place of collar
Did his eyes protrude? ?" asked
Mr.. Clark.
''WeIl I would not say they pro-
truded, but they were very prom
inent," replied the witness.
more prominent than usual?"
''Yes."
During that conversation did Harry
K. Thaw say this or words to this
effect to you When get out of here
I will have to kill you p
Thaw's counsel objected to the
question and the witness odd not have
to answer.
Justice Mills ruled that the con-
versation between Thaw and his wife
at that time was confidential and
need not be repeated by the wit
ness.
Attorney Winslow urged that the
conversation was material as bear
ing on the sanity or insanity of Thaw,'
the real issue before the court.
Talked of Stanford White.
Mr.. Clark asked the privilege OF
questions.
''Was the subject of conversation
partly in regard to the killing or
Stanford Winter" asked Mr.. Clark.
The witness said 1t was. Justice
Mills finally said that If the state
should show that Daniel O'Reilly was
not acting as counsel for both ThaW
and his wife at the time he was pres
ent at the Matteawan conversation he
would rule that O'Reilly made a dis
interested third party present which
overeomes the legal privilege.
Mr.. Clark had Mrs Thaw identify
some papers written by her husband
AT one time when the fencing over
the admissfbility OF the questions
asked Mrs. Thaw was under dis
cussion she turned to Justice Mills
and said:
'rWiH I be in contempt If I do not
answer? 1 can not afford to go to Jail
and as my husband is not now pay
ing anything to me have not money
to hire counsel"
Thaw watched his wife intently
while she YVES on the witness stand,
but did not appear to be perturbed
bv her presence. Mrs. Thaw ap-
peared more mature. but seemed
demure and school girl expression
her beauty as it did when
she wore her eton collar and testified
at her husbands trials In New York. |