New-York tribune., 1906-07-18
OLCOTT AGAIN IN CASE.
RETAINED BY MRS. TH4W.
District attorney Restrained from
Taking John Doe" Evidence.

Il
Fx-Judge william NJ X olcott. who. until the
almost unprecedented action of Harry hendaN Ihaw
on saturday, was the principal counsel for ThaW
In his defence for the shooting OF Stanford White
Yesterday became again TIE leading cousel IN the
case being retained by Mrs. William Thaw' the
mother OF the prisoner. This action on Mrs. ana"
part was taken directly against the wishes OK
Harry Thaw and makes the defence in the case
one series OF tangles. Ex-Judge oleott. It is be-
eved IS OF the opinion that there is but one course
pursue 20 save Thaw from possible conviction
That is the insanity plea, which, it is asserted, WIN
be depended in spite OF effort on the part OF
Thaw or his personal counsel 20 prevent.
Il IS understood that within two weeks. or by
August l. when District Attorney Jerome will have
returned 20 his Office motion for the appointment
OF commission TO examine Thaw as TO his sanity
will be made Mr.. Jerome will make no objection
10 this motion. and such aocommission Will un-
doubtedly be appointed. It be safely said that
IL Thaw Is declared insane he will be in the Asylum
for the Criminal Insane at Matteawan before Sep
tember ]. That would end the probably for all
time.
The retaining OF Mr.. Olcott made absolute
yesterday after a long conference at the Hotel
Lorraine. at which Mrs William Thaw. Josiah c.
Thaw, Mr.. Deafied and Mr.. Olcott were present
II was decided 70 go ahead with the insanity de-
fence. Mr. OcOtt, accordingly. will start where he
left OF on Saturday. and will make every endeayor
TO collect sufficient evidence 20 substantiate the
theory OF insanity
his firm had been dismissed he sent some of the
evidence he had obtained to Mr. Hartridge The
latter said yesterday: II don't intend be bowIed
out. am Thaw's counsel, retained by him, and
intend to remain / am not responsible for what
any one else may say"
The counsel associated with Mr.. Hartrfdge made
an extraordinary and entirely unexpected move in
the yesterday when John B. Gleason, one Of
Thaw's personal counsel, obtained writ Of prohi-
bition from Justice Blanchard in Special Sessions
Part II, Of the Supreme Court restraining the Dis
trict Attorney and the July grand jury taking
any evidence to the guilt responsibility OF the
defendant. Thaw, for the killing Of White This
action, prominent lawyers said last night, alb
solutely unprecedented in the courts Of New York
County Such a move has never been known be-
fore. The action took the District Attorneys Office
entirely by surprise
The writ also restrains the District Attorney and
the grand jury from issuing any subpenas in
connection with the matter Of the killing Of White.
At the time Justice Blanchard issued an
order directing the District Attorney and the grand
jury to show legal cause to-day in Special Term,
Part l, Of the Supreme Court, before Justice Mac
Lean why they should not be absolutely restrained
from any further proceedings in the matter.
The writ OF prohibition and order to show cause
do not refer to the indictment returned by the
June grand jury against Thaw, but only affect the
proceedings before the July grand jury, known as
the John Doe action, and the issuance OF subpoenas
and the taking of testimony and dispositions in the
case entitled The People agt John Doe ct al
Justice Blanchard issued the writ and the order
TO show cause after reading long typewriter
affidavit made by Mr.. Gleason. in which the law
yer went into the very fully.
Mr Gleason later took the signed order to the the
taken completely by surprise. Acting District At
'oF course. shall respect the order Of the court
and be present at the time named In the the e0senSe
3ournment for few days. AS a matter Of, Of fact,
jerome and Mr Garvan. who has been taking the
evidence. get back As far as know nov on only tI1,o tMo
Leahy, Mrs Thaw's maid and May Mackenzie her
Mrs. Evelyn Nesbit Thaw made her usual A call 10, on
her husband IN the IomoS yeseTSaS S tfer Pe II Is
believed, viii her little during the summer
save him from himself # possible. and force the
insanity plea, whether Thaw wishes II or not .,,
ers about the Fonbs yesterday by appearing IN a
%oTn since Tha% " was 9 arrested She was not
noticed as she crossed the street alone ne gyms 10 10
up the steps that the crowd knew she had
A story to the effect that Thaw has been under
sOnstan syrveillance since his nEs vI IN
said he knew nothing about it. The facts, how. now
either the prosecution or the defence which cannot
be learned. shortly after Thaw's arrest had a
failure to provide bail bond in an alleged case Of
fSoaS % 6e @ SDg eS l d FOR e b 6ond and
he has been on duty on the second tier. where
'trusty'' to work on each tier but there are two
this tier and IL has only been in the last two
weeks that this has been the Warden Flynn
acknowledged that there were two men on this
tier, but would not say why this unusual course
was followed
This physician. It is understood. has reported
frequently TO those who working with him
regarding everything he has noticed about Thaw,
and It is said he has asserted that Thaw Is
doubtedly insane This testimony cannot be used,
however, or at least will bear but little weight.
! the man giving ii Is himself in prison
Miss Blanche Ring. who has the leading part in
His Honor the Mayor at the New York Theatre.
and Miss Irene Bentley. who a member Of
The Wild Rose Company, when Mrs. Evelyn
Pa,ny' ,I said last night that they had been served
| Attorney Turnbull in John Doe proceedings The
| county detective who served the subppnas said
that they were in connection with the ThaW case.
| On the advice Of their counsel, Herman-L. Ross,
] the two women said that they would not obey the
| orders on account of the decision handed down IN
the case yesterday. Mr. Ross said last night that
one OF his clients, Miss Roso Marston, had told him
| thatA 1t was Miss Mabel Barrison who introduced
| Evelyn Nesbit to Stanford White.
ANGRY At THAW'S WIFE.