Show I 1 I I I r mm YN T THAW ON WITNESS ST STAND Although Subpoenaed by the t f State Her Evidence Fa Favored i j Her Husband j I 1 JUST AS PRETTY AS EVER I SANITY TESTS TO BE MADE BY ALIENISTS IN OPEN COURT White Plains N T Y July IX Evelyn I Nesbit Thaw haw pretty ty petulant as usual and a d dressed in m the familiar blue whisk she Bhe wore so much during durin the trial of o her ber husband huband Harry K i Thaw Thew for the mur murder murder r der of Stanford White W was 11 on the stand for more than an hour In Justice Mitts Mills court here today toda subpoenaed by tb the s state in its fight to keep Thaw in tile the asylum alum for the criminal Insane Inane at Mat But for the absence of the tIte dainty Eton collar which Mrs ra Thaw wore ore during most moat of the murder trial trIa she aM appeared much the same as she abe did when Jerome was trying to send lend Harry HaftY Thaw to the electric chair j Though called by the state tate In hi an en endeavor denver deavor to prove Harry Harr Thaw Irrational I what Roger Roser Clark the deputy attorney r general drew from her today created a favorable Impression for her husband h She was excused shortly after 4 but was and will wm preb KOb ably appear again tomorrow Upon the tile outcome of Evelyn Thaws Thaw testimony ay i ithe the states tight fight largely Jar ely rests reata i Refused to Answer I 4 Mr Ir Clark tried to get her ber to admit that Thaw had threatened her life bat hilt turning appealingly to the court she repeatedly refused to answer lila his qUe eues and after a clash between ee sel eel Justice Mills MUla ruled that he lie weald won 4 hold bold th the j conversation in which the tile threat threet was supposed ed to have been be u ua made madea a confidential one between husband and wife and therefore privileged until the 4 state presented proof to show how that Don Dan Daniel let lei OReilly the New York lawyer w was wu present eat at the time was 11 not then tle q acting as counsel for or both Mr and Mra Thaw This Deputy Deput Attorney General Clark promised to do and Mrs Thaw was waa excused after atter identifying a t L num number f 4 ber of papers In her husbands band baud L writing f When Evelyn Appeared When Mrs Thaw entered the court courtroom courtroom room and made her way to the stand 1 I there was wu a bun bum of excitement blat blath i showed h wed tle concern comen On the stand t te i ie she e was w t to answer er questions u 1 and had hed tab t instructed to 10 do so en 0 a rom b her sf The lila tears tara canto came ta t te hes i eyes e once OAce when Justice Mills KIlls I It against t her ber and she turned tamed to hi and aneT an said sald saidI t I 1 guess I win will have to obey for I 1 can caa cannot J i inot not afford contempt proceedings or orto gs a ato to Jail My X husband Is ia I not Dot paying p MM as anything now and I 1 enough money mone to hire counsel Citizens from Peekskill and Pouch where Thaw was in incarcerates ar for several weeks In m the Jail testified j that he ise never in his actions appeared to be Irrational Favorable te to Thaw 1 A favorable bit of oC testimony for Thaw Thu today was as that of Frank Toomey ais We r i bodyguard at Matte wan He saM satt II 4 I Thaw had exhibited no Irrational ton In t dency He admitted that Thaw had Mal criticised the t e management of l the mel institution f 1 at times and had used U ed harsh bank j names In referring to some at the physicians ph clans But he added that many eng sug suggestions t made by Thaw were acted on ORo P greatly to the improvement of the institution t w The states representatives announced that they had retained Dr Austin Flint and Dr Charles B MacDonald who oVa with Uh Dr Amos B Baker of will make up the states tate trio ot of alienists along lines agreed a r ed on by counsel yea yester yesterday day Dr Flint was in court Thaws Thaw counsel had not decided deckled what to call It was agreed however that the states alienists are to be permitted to make a physical examination In tn the I 1 IWhite White Plains jail The mental exam examination e eI to test tet his sanity Is I to 10 be eon con conducted ducted in I 1 op oJ open n court by b the lawyers prompted by the experts I |