New-York tribune., 1915-07-08
WARRANT ISSUED
FOR MRS. THAW;
MUST TAKE STAND
Expected To Be in Court
Tonight or Tomorrow
Health Plea Ignored.
MRS. SUSAN MERRILL
TRUMP FOR DEFENCE
Writhes Under MerciIess Exami-
nation as She COntradicts
Stories and Affidavits.

I OhC''N eNiiN FiAOs
Evelyn Nesbit Thaw was not missed
greatly from the hearing on Harry X.
| Thaw's sanity Yesterday. That is she
was not greatly missed fom the view.
point Of the cold-eyed women who
thronged tthe courtroom and sat smil-
ing as they watched one Of their sex
writhe, cry out and at times sob as
she went through ar ordeal Of having
her character impeached on the wit
ness stand
Evelyn herself could not have been
much more dramatic than Mrs. Susan
A. Merrill. the chief witness for the
state. II was she who told of how
Thaw used TO lash girls with a whp in
her house. And then after she had
told this story glibly under direct ex-
animation Thaws attorneys began.
Bit by bit they tore her testimony
TO pieces by comparing it with her
testimony in other trials. showing how
HtA NOAho a. NllN NllliN EhNt Allt llt ~
those at another. They showed also
what sort of house she had kept. how
in a lawsuit of her own she was held
for perjury, and how she has at
tempted lately to obtain money from
Thaw to keep away. Then. finally. they
knocked over the whole credibility Of
her testimony by producing an affidavit
signed by her in which she repudiated
her own sworn testimony at previous
Thaw sanity hearings.
These things were wrung from her
in agony. More than once she cried
out that she was crazy and did not
know what she was saying. Finally
they let her 90, and as she left the
stand Thaw said to those near him:
Frank Cook has busted his case now
Court Orders Evelyn Back.
The states case seemed to get into
several snarls yesterday. for although
the morbid spectators were somewhat
repaid for Eyelyn's absence by the
spectacle Of Susan Merrill on the
stand. the court was not satisfied as
70 the reasons for IT, When Judge
Hendrick learned that the states at
torneys had allowed Evelyn to sashay
into town. preen her feathers in a
millinery shop and then fit back 70
Chateaugay Lake It apparently did not
accord with his views Of the sort Of
decorum that should 90 with every
thing related to a serious judicial pro-
ceedinG.
The fact that a doctor appeared be-
fore him and testified that Evelyn was
nervously unfit to 20 on the witness
stand did not change Justice Hendricks
views. He somewhat sharply declared
the reason of her non-appearance was
insufficient. and announced that II the
states attorney would make an appli-
cation for a body attachment he would
issue IL.
This hint was sufficient for Deputy
Attorney General Frank Cook, who II
in charge of the case II was plain
the Judge considered il was somebody's .
duty 70 see 10 il that the elusive dancer
was put on The witness stand. The re-
suit was that an application for a body |
attachment was got out, and on the |
night train going toward Chatueagay
Lake there were two CT the Attorney
Generals men armed with the necessary
papers and under orders TO arrest Eve
lyn and bring her back
They went with instructions TO
make as quick Job Of il as they could. !
The court showed his impatience az
- 4 e "a tr;a1 k,,
ing that hereafter the court sessions
would begin half an hour earlier in the
morning, and that there would also be
night sessions beginning tonight. The
Attorney Generals men were therefore
impressed with the necessity for speed. /
They were instructed TO have Evelyn
here by tonight if possible. They
were told to take n train last night TO
Plattsburg, 90 BY speedy automobile
from there 10 CNford's camp on Cha
teauCay Lake. serve their body at
tachment and hurry Mrs Thaw out of
her sylvan environment back to New
York by motor car if time could be
gained that way. In case they fnd
they can't get her here for tonight
they are 70 have her here for the open
ing Of court at 10 o'clock on Friday
morning.
Mrs. Merrill Caught on Thaw Tip.
Susan Merrill was brought to the
stand as a witness for the state yes
terday as result Of what looked
like some fine trial strategy on the
part of Thaw's own lawyers. Her story
had already been read into the record
Of the present proceeding from the
minutes of her testimony in the
habeas corpus proceedings at White
Plains.
As it stood it added materially to
tho strength Of the states case against
Thaw. The states attorneys had mani
tested earlier in the proceedings great
zeal 20 have Susan Merrill on the
Continued on page 5. column