SUPREME COURT, COUNTY 0F NEW YORK.

EVELYN NESBIT, plaintiff, against HARRY KENDALL THAW, Defendant. City and County of New York, ss:

"Evelyn Nesbit, being duly sworn, says: I reside at the Savoy Hotel, Fifth Avenue and Fifty-ninth Street, in the City of New York. I am eighteen years of age, having been born on Christmas in the year 1884.

"For several months prior to June, 1903, I had been at Dr. Bull's hospital, in this city, where I had an operation performed for appendicitis, and during the month of June, I went to Europe with my mother, at the request of Harry Kendall Thaw, the defendant above named. My mother and I had apartments at the Avenue Matignon in Paris, France, and from there traveled to Boulogne, during which time we were accompanied by Mr. Thaw. Mr. Thaw left at once for London, England, while my mother and I remained at the Imperial Hotel about three weeks.

"While the said Thaw was in London, he wrote me a number of letters. He then returned to Boulogne and took my mother and myself back to Paris, where we stayed at the Langham Hotel. We lived there about two ueeks, after which the said Thaw, my mother, and I returned to London, where we located at the Claridge's Hotel-that is, my mother and I lived at that place, while Mr. Thaw stayed at the Carlton Hotel in the City of London.

"My mother remained at-Claridge's Hotel for some little time, and then removed to Russell Square Hotel, in Russell Square, London. I went with Mr. Thaw to Amsterdam, Holland, by way of Folkestone. I was ill during this entire period.

"Mr. Thaw and I traveled throughout Holland, stopping at various places to catch connecting trains, and then we uent to Munich, Germany. We then traveled through the Bavarian highlands, finally going to the Austrian Tyrol.

"During all this time, the said Thaw and myself were known as husband and wife, and were represented by the said Thaw and knoun under the name of Mr. and Mrs. Dells. After traveling together about five or six weeks, the said Thaw rented a castle in the Austrian Tyrol, known as the Schloss-Katzenstein, which is situated about halfway up a very isolated mountain. This castle must have been built centuries ago, as the rooms and windows are all old fashioned.

"When we reached there, there were a number of servants in the castle, but the only servants I saw were a butler, the cook and the maid. We occupied one entire end of the castle, consisting of two bedrooms, a parlor, and a drawing room, which were used by us. The balance of the house was rented by the said Thaw, but not occupied by us. I was assigned to a bedroom for my personal use.

"The first night we reached the 'Schloss' I was very tired and went to bed right after dinner. In the morning I was awakened by Mr. Thaw pounding on the door, and asking me to come to breakfast, saying the coffee was getting cold. I immediately jumped out of bed and I hastily put on a bathrobe, and slippers. I walked out of my room and sat down to breakfast with the said Thaw.

"After breakfast the said Thaw said he wished to tell me something and asked me to step into my bedroom. I entered the room, when the said Thaw, without any provocation, grasped me by the throat and tore the bath-robe from my body. I saw by his face that the said Thaw was in a terrific excited condition, and was terrorized. His eyes were glaring and he had in his right hand a cowhide whip. He seized hold of me and threw me on the bed. I was powerless and attempted to scream, but the said Thaw placed his fingers in my mouth and tried to choke me.

He then, wIthout any provocation, and wIthout the slIghtest reason, began to InflIct on me severe and vIolent blows with the cowhide whip. So brutally did he assault me that my skin was cut and bruised. I besought him to desist, but he refused. I was so excited that I shouted and cried. He stopped every minute or so to rest, and then renewed his attack upon me,which he continued for about seven minutes.

"He acted like a demented man. I was absolutely in fear of my life. The servants could not hear my outcries for the reason that my voice did not penetrate through the large castle, and so could not come to my succcor. The said Thaw threatened to kill me, and by reason of his brutal attack, as I have above described, I was unable I to move.

"The following morning Thaw again came into my bedroom and administered a castigation similar to the day before. He took a cowhide whip and belabored me with it on my bare skin, cutting the skin and leaving me in a fainting condition. I swooned and did not know how long after I returned to consciousness. This un-merceful beating of the whip left me in a frightfully nervous condition, my fingers very numb, and I was in bodily fear that Thaw would take my life. It was nearly three weeks before I was sufficiently recovered to be able to get out of my bed and walk.

"When I did so, the said Thaw took me to a place called Ortler Mountain, where Italy, Switzerland, and Germany conjoin. Then we went into Switzerland. In Switzerland we remained at the Hotel Schweitzerhof, that night at Santa Maria. The next morning I made some remark, and said Thaw took a rattan whip, and while I was in my nightgown, beat me over my leg below the knee so violently that I screamed for help. When I began to scream, the said Thaw again stuffed his fingers in my mouth.

"During all the time I traveled with the said Thaw, he would make the slightest pretext an excuse for a terrific assault on me.

"During all this period, my mother continued in London. Thaw and I finally reached Paris about the middle of September, where we occupied apartments at No. 5 Avenue D'Antin. I was constantly watched by detectives and other hirelings of the said Thaw, including his coachman and his valet named Bedford. One day, while in Paris, he assaulted me with a rattan for an entire day, at intervals of half an hour or an hour, striking me severe blows on the body as a result of which I fainted.

"One day my maid was in my room, taking things out of the drawers and packing them away. I found a little silver box, oblong in shape, and about two and a half inches long, containing a hypodermic syringe and some other small utensils. I went to the said Thaw and asked him what it was and what it meant, and he then stated to me that he had been ill and tried to make some excuse, saying he had been compelled to use cocaine. I realized then for the first time that the said Thaw was addicted to the cocaine habit. I also frequently saw said Thaw administering cocaine to himself internally by means of small pills. On one occasion he attempted to force me to take one of these pills, but 1 refused to do so.

"While in Paris I suffered from extreme nervousness, superinduced by the cruel and inhuman beatings perpetrated on me by the said Thaw, and was confined to my room for about two weeks. During this period, while I was in this condition of non-resistance, Thaw mistreated me. I reproved said Thaw for his conduct, but he compelled me to submit thereto, threatening to beat and kill me if I did not do so.

"While we were in Paris, the said Thaw had compelled me, by threatening to beat me, to write a letter to Miss Simonton, who was staying at the Algonquin Hotel, in the city of New York, and who knew my mother, asking her to come to Paris. When she got there, he told her a lot of falsehoods and lies about me, telling me previously, that if I did not endorse what he said, he wouid kill me.

"While we were at Schloss-Katzenstein, the said Thaw took from me, without my consent, and still retains in his possession, two diamond rings, one sapphire ring, with a diamond on each side, one pearl locket, Lavelliere, one gold purse, and $400 in money, consisting of drafts on Thomas Cook and Son. He had also in his possession in the city of Paris wearing apparel of mine, consisting of five gowns, a number of hats, and three parasols.

"I have not seen my mother since I left her in London, and am informed within the past two weeks that she returned to the city of New York from London on the steamship Campania.

"I arrived in this city on Saturday, October 24, 1903, having returned from Paris by way of Cherbourg. Refore I left Europe, the said Thaw had stated to me that his lawyer, a Mr. Longfellow, would meet me at the dock and ask me if I needed anything, saying that he would see that all my requirements received attention. I had a letter to him from the said Thaw, in which the said Thaw asked the said Longfellow to have me followed by a detective and also to see that everything I wanted was done, and to see that I was not troubled or annoyed by anybody.

"I have received a number of cablegrams from the said Thaw, which I have delivered to my counsel, Mr. Abraham H. Hummel. I have been repeatedly told by the said Thaw that he is very inimical to a married man whom he said he wanted me to injure, and that he, Thaw, would get him into the penitentiary, and the said Thaw has begged me time and again to swear to written documents which he had prepared involving' this married man, and charging him with having betrayed me when I was fifteen years of age.

"This was not so and I so told him, but because I refused to sign these papers, the said Thaw not only threatened me with bodily injury, but inflicted on me the great cruel bodily injury which I have herein described. EVElYN NESBIT

"Sworn to before me, this 7th day of October, ~903, Abraham Snydecker,

Commissioner of Deeds, State of New York."