Evening star. [volume] (Washington, D.C.) 1854-1972, 1915-07-06
To Rely Upon Her Constitu-
tionaI Rights and Not Take
Stand Against Husband.
ARRIVES IN NEW YORK
IN ANSWER TO SUBPOENA
Looks Well and "Feels Splendid. I"
Sanity Hearing by Jury
Is Resumed.

NEW YORK, July 6.-Evelyn Nesbit
Thaw, summoned by the state to testify
against Harry X. Thaw, her husband,
in the jury proceedings to determine
his mental condition, reached New York
today from her camp at Chateaugay
lake. near Malone, n. Y, and an
nounced that she would stand upon her
constitutional rights and would not
take the stand against her husband.
Mrs. Thaw made her statement to
newspaper men and when Deputy At
torney General Cook was informed Of
what she had said he asserted that in
asmuch as the hearing was a civil pro-
ceeding and not criminal case that
the court could direct her to testify
and that he would ask the court so to
direct.
Feels Splendid, She Says.
Mrs. Thaws appearance did not bear
out reports to the effect that she was
suffering from nervous prostration.
She looked extremely well, was dressed
in a dark blue silk gown with white
trimmings, wore a broad-brimmed hat
trimmed with roses and white kid
pumps edged in black. Il have spent
most of my time out of doors and feel
splendid, she said.
Are you going to testify at the
present hearing?" she was asked.
Take it from me-" she declared with
emphasis, Il am not. You come with
me and I'll show you that that is no
jest
Mrs. Thaw made this declaration at
the Grand Central station. where she
was met upon her arrival She then
walked across the lobby to the ticket
office and bought ticket to Lake
Chateaugay. saying that she would
take a Montreal express, leaving at 8
o'clock tonight
Will Not Engage Counsel.
"Have you engaged counsel?" she was
asked.
NO, and I don't want any," she said.
II have obeyed this subpoena" and she
fiourished the document in her hand.
"and will be in court today. But I
know my constitutional rights and can
not be made to testify"
She then went to her home on 11th
street.
Before the resumption of the hearing
today only the states counsel knew
whether Mrs. Thaw would be called to
the witness stand at once or whether
documentary evidence or the testimony
of other witnesses would first be taken.
The states alienists had not yet testi-
fed nor had the date been announced
for Thaw's cross examination.
Mrs. Thaw had not arrived in the
courtroom when the trial was resumed
today, and it was stated by one of the
states attorneys that he did not expect
her to appear. The reading of testi-
mony taken at previous trials and hear
ings where Thaw was involved occupied
the early part of the morning session.
Thaw's Escapades at College.
The first witness of the day was
Frank X. Scribner, a writer. who took
law course at Harvard in 1872. He
that time and was asked to testify as
to the time that 'Thaw came home IN
a cab"
HE returned one morning between
10 and IL O'clock" Mr.. Scribner said.
II heard him come up stairs and pass
my door. He went into his room and
came out in few seconds. l looked
out and saw him going down stairs
with shotgun in his hand.
"A friend of mine and myself follow
ed him, and near the front door my
friend, who was powerful man, dis
armed him. He went back to his room
and sat on his bed
James .. Nichols. the next witness.
testified that he saw Thaw on the side
walk. opposite his boarding house at
Cambridge, Mass. when Thaw was a
student at Harvard, engaged in an all
amount Of his fare, and that he heard
Thaw threaten TO shoot the cabrnan
Thaw was induced, he sad. to enter =
house.