The Washington herald., 1909-07-14

White Plains. N Y. July 1S.-AIrs. Eve
lyn Thaw took the witness stand this aft
ernoon to testify for the State at the ex-
animation into the sanity Of Harry K
Thaw before Justice Mills. but the court
refused 70 permit her TO tell the story Of
her husbands alleged threat TO kin her.
AT the opening Of the afternoon session
Deputy Attorney General Clarke asked
fer . suspension of the testimony for
Thaw long enough to permit Evelyn Thaw
TO take the stand. Lawyer Morschauser
objected, saying he wanted time to go
over papers and letters in Thaw's posses
sion before Mrs. Thaw took the stand. A
recess was taken TO allow him 20 go over
these papers
Mrs. Thaw was called 70 the stand AZ
3.o3 O'Clock. As his wife took the stand
Thaw watched her closely, but did not ap-
pear to be a bit nervous
No Chances for Husband.
She wore a blue gown and big picture
hat She gazed at the States attorney,
but never cast her eyes upon her husband.
She was questioned by Deputy Attorney
General Clarke.
Are you the wife Of Harry Thaw?"
"Yes"
did you visit Harry Thaw in the
Matteawan Asylum shortly after he was
first committed there?'
Yes
WAS Daniel O'Reily there with you?"
Yes"
did you have conversation with
Harry K Thaw?'
Il do not wish TO answer that Ques-
ton"
did Harry z Thaw ever say anything
IN threat that he Intended 20 kill you?"
Lawyer MOrschauser objected TO her
testimony on the ground that what Thaw
said to her was.a matter Of privilege.
he said Daniel O'Reiny was also Mr.
Thaw's counsel. He was the only person
present when the conversation took place.
Mr.. Clarke said threat against life
was never to be used as a privileged
matter.
Where did you meet hirn?" asked Mr..
Clarke, taking a new tack.
7 met him in the dining-rOOm at Mat
teawan. He sat beside a table He was
seated all the time. The conversation
lasted only a few minutes"
Mrs. Thaw appeared 10 be opposed to
answering any question that would be
detrimental TO ThaE.
He had a handkerchief around his
neck. His hair was considerably mussed
He looked as he usually dOes.'' she said.
Did his eyes protrude2'
HIS Eyes Always Prominent.
Il don't know that they protruded. but
they were prominent They were always
prominent"
Did Harry K. Thaw say TO you When
I get out OF her I shafT have to kin
your
Lawyer MOrschauser again objected on
the ground OF being a privileged communi-
cation and as OF being immaterial and
irrelevant.
Justice Mills asked her II she claimed the
privilege OF refusing 70 answer.
Il simply DO not wish 10 answer. I
haven't claimed any privilege so far, as1
I think the records Will show" snapped
back the young woman.
During all this time the members Of the
on the stand. Evelyn Thaw was not per-
turbed by their scrutiny.
Describe Harry Thaw as he appeared
at that time" said Mr.. Clarke.
II do not wish to answer" said Mrs.
Thaw
Tt Is your duty to answer" interposed
Justice Mills.
VIII I be in contempt OF court II I
refuse to Rnswer?'' asked the young
woman, who Seemed we'll Yersed in the
law and its technicalities.
Yes. you Will be. You must answer"
Couldn't Afford to BE in Contempt.
well. I cannot afford to be in contempt
Of court at present" said Evelyn Thaw.
MY husband IS not supporting me prop
erly. and I would not have enough money
20 retain counsel II I were declared in
contempt answered this sage old woman
IN a girls form
did you have an interview with him
in regard to your affairs?" asked Justice
Mills.
we had a conversation about a GER
tain thing. which 1 do not wish to tell"
said Mrs. Thaw.
Had Harry K. Thaw asked you to get
something for him?"
NO"
Did the conversation you had with
your husband have reference 70 his being
In the asylum" again broke in the Judge.
Yes"
"The more I think Of 1t. I don't think
the evidence Of threats is competent in
this matter" said the court.
Was the subject OF the conversation IN
reference to the shooting Of Stanford
WhIte?" asked Mr.. Clarke.
Yes" said Mrs. Thaw.
Court sustains Objection.
I think this was a confidential com
rnunication between husband and wife.
said the court. "and think I must sus-
tain the objection"
This was considered a great victory for
Thaw. as it prevented his wife from tell
Continued n, Pare o. Column 4