New Britain herald., 1915-07-06
EVELYN THAW WILL REFUSE ID TESTIFY Declares She Will Stand Upon Her
 Constitutional Right NOT TOGO ON WITNESS STAND Actress Says She Cannot Be Made n Give Testimony Against Her Illus. band-state Holds Court Can Di- rect Her to Do So.
NOT TOGO ON WITNESS STAND

rect Her to Do So.
 New York, July 6.-Evelyn Nesbit Thaw. summoned by the state to tes- tify against her husband, Harry K. Thaw. in the jury proceedings to de- termine his mental condition, reached New York today from her camp at Chateaugay Lake, near Malone, N. Y. and announced that she would stand upon her constitutional rights and would not take the stand against her husband.
 Mrs. Thaw made aer statement to newspaper men and when Deputy Att torney General Cook was informed of what she had said he asserted that in asmuch as the hearing was civil proceeding and not a criminal case that the court could direct her to tes- tify and that he would ask the court So to direct.
 Look Extremely We'll. Mrs. Thaw's appearance did not bear out reports to the effect that she was 1 suffering from nervous prostration. On the contrary she looked extreme lyswell
 have spent most of my time out l of doors and feel splendid, she said.
 Are you going to testify at the I present hearing?" she was asked Will Not Testify. Take it from me- she declared 1 with emphasis, 1T am not You come with me and I'll. show you that that 1 is no jest
 the Grand Central station, where she was met upon her arrival. She then walked across the lobby to the ticket l of1cee and bought a ticket to Lake Chnteaugay, saying that she would take a train leaving at o'clock to- night.
 Have you engaged counsel?" she was asked
 | Needs No Counsel. 35sl..No, and | don't want any'' she said T have obeyed this subpoena and she flourislred the document in her hand and will be in. court today But know my constitutional rights and cannot be made to testify" She ! then went to her home on Eleventh street.
 Not in Court Room
 Mrs. Thaw had not arrived in the court room when the trial was re- stunned today, and it was stated by one of the states attorney that he did not expect her to appear. The read ing of cstimony taken at previous trials and hearings where Thaw was involved occupied the early part of the morning session.
 Scrfbner First Witness.
 The first witness of the day was r il>., a l1 r, took a law course at Harvard in 1891 -a2. He said he lived in house with Thaw at that time aid was asked to testify as to the time that "Thaw came home in cab.
 "He returned home one morning between 10 o'clock and H." Mir. Scribner said. T heard him come up stairs and pass my door. He went in to his room and came out in few seconds looked out and saw aim going down stairs with shotgun in his hand.
 "A friend of mine and myself fol- lowed him, and near the front door my friend, who was powerful man, disarmed him. He went back to his room. and sat on his bed"
 Threatened to shoot Cabman.
 James O. Nichols testified that he saw Thaw on the sidewalk opposite his boarding house at Cambridge, Mass, when Thaw was student at Harvard engaged in an altercation with a cabman> over the amount of his fare, and that he heard Thaw threaten to shoot the cabman Thaw was induced he said, to enter house.