The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-07
EVELYN THAW GOES,
ANDDOESN'T TESTIFY
"She's Disappeared" Say
States Lawyers, but Ro-
pOrtcrs Find Her Easily.
RETURNS TO MOUNTAINS
Avoids Going on Stand by Pre-
scnting Certificate From
Local Doctor.


Counsel ro- the state IN the Harry
Thaw insanity hearing before Justice
Hcndrck and jury brought Evelyn
Nesbit Thaw to Manhattan from the Nd
irondack camp of her vaudeville part
rer Jack clifford. yesterday morning.
and then. so Mrs Thaw told newspaper
men. informed her that she could turn
right around and go back to the Adiron-
dacks and stay there as long as she
likes without testifying. Mrs. Thaw
boarded a train for the return trip to the
mountains at Q 80 T. NJ.
Mrs. Thaw. and she was backed up
by the states leading alienist, DIR. Aus
tin Flint. said representatives OF the At
torney Generals office had told her
after twenty minute talk with her
soon after she arrived at A. NJ, that
only a certificate from a local physician
was necessary TO excuse her from ap-
pearing in court. This physician, said
to be DIR. Bernard Livingston OF 536
ton agreed. according to Mrs. Thaw.
that. although she was free from any
organic trouble her nervous condition
was such that 1t would be inadvisable
to have her undergo the ordeal OF TAX
ing the witness stand for lengthy court
examination.
Whereupon. after a shopping trip Mrs.
Thaw went 10 her home at % West
Eleventh street and did not appear at
the County Court House, where the in
sanity hearing is being held. Instead,
she announced early that she would go
back to the Adirondacks on the Montreal
Express leaving the Grand Central Ter
minal at 9:3i O'Clock last night.
Deep, Dark Mystery.
But the state. for some reason or
other. made much mystery OF Mrs
Thaws whereabouts during the forenoon
and afternoon sessions. She had disap-
peared. said Deputy Attorney Generals
imprcssively. She was technically in
contempt of court and, II necessary. the
States counsel said. further measures
would be taken to compel her TO come
to court and testify. Ii was utterly
impossible, the State lawyers said
finally. TO tell where Mrs. Thaw could
be found
And all the time the conversation Of
states attorneys was 70 hisesa with the
mysterious all that WAS necessary In
order to locate Mrs. Thaw was to hop
car and ring her doorbell. In fact.
while the state was assuring folks
downtown that Mrs. Thaw had dis
appeared a small army Of reporters and
whole regiment of photographers were
chatting with Thaws wife in her Elev-
enth street home.
There was some thought at times OF
calling up the lawyers who said she had
disappeared and relieving their anxiety
by telling them where she was but moth
ing came OF 1t.
mo. we don't know where she is
said Deputy Attorney-General Cook at
a time when any reporter in town in
terested In Mrs. Thaws whereabouts
knew where to go to find her. "All !
have to add is that I'll give $50 to any
one who will bring her into court to-
morrow morning." concluded the Deputy
with grin.
Make 1t SIS and I'll go YOU" re-
marked "A bystander facetiously.
Done, 80 said Mr.. Cook.
The Deputy Attorney-General seemed
to have all the best of this bargain,
inasmuch as Mrs. Thaw and DR.. Flint
said shortly afterward that Mr.. Cook
hours earlier had told her she might go
back to Chateaugay Lake last night
"the State having no further interest In
her" as DR.. Flint put it-and so would
not be in town this morning to "be
brought into court
Tells why She Came.
Just why. after all the fuss and
feathers of publicity about bringing Mrs,
Thaw to town to testify, she was told
after a few minutes talk that the State
did not want her testimony was not eN-
planned. When she arrived here she al
ready was armed with certificate by
an upstate physician which said that
she was in no condition to submit to the
rigors of "A severe examination.
Then to clinch this question the local
examination was suggested and made.
Also Mrs. Thaw said Deputy Attorney
General Cook suddenly decided that she
had no new testimony of value to give.
II came here" said Mrs Thaw to the
reporters. lin answer to subpoena
served by the state at "A time when
was physically UNIT to leave camp owing
to nervous depression, The nervousness
began "A month ago and doctors who
have examined me say that II complete
rest I'm now taking We're Interrupted
the result might be a general nervous
breakdown.
Nevertheless ] accepted the service
OF subpoena as "A matter of duty and
not because | wanted to. No woman
wants to testify against her husband
In case like this and ! didn't want 10
testify against mine.
81 don't want to see Mr.. Thaw go back
to Matteawan--a hellhole on earth
but ] do believe and have always be-
leved that he should be held in restraint,
| told representatives OF the State, how
ever. that | would testify as fully as
was wished If ! were physically able
to do so or II l had anything new to
say.
But ] convinced them I have nothing
new TO add to my previous testimony.
As for stories that | feared to take the
stand because of any cross-examination
to which | might be subjected, ! wish
to say now that ] have been examined
by many lawyers in the pa and have
got used TO that sort OF thing. As
have nothing but the truth to tell
have no fear of court room examinations.
Inasmuch as ! have nothing new to tell
hope my testimony at former hearings
will he read into the records"
Makes a Correction.
Mrs Tnaw here said she wished TO
correct an impression that she ever had
given an interview to a morning news
paper in which she was made to criticise
Justice Hendrick. Justice Hendrick in
reproving the newspaper and Mrs. Thaw
said the Interview gave forth the impress