The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-06-29
A Passing Madness TO Bo
e the Defence Made for
Harry Thav.
SANE BEFORE AND SANE NOW
Is the Theory, and Fit to Be Tried,
But Not Fit TO Be
Convicted.

From Testifying-"I Might Say Some.
thing Injurious to My Husband" Her
Piea-The Prisoner Promptly indicted
for Murder -Eyewitnesses or the
Shooting Describe 1t in the Presence
OF the Unconcerned Prisoner -Thaw
Calls for ComstOek, but 0icott Inter-
poses q Veto-Net Out for witnesses.
1t took the Grand Jury less than half an
hour yesterday to indiot Harry Kendall
Thaw for the murder of Stanford White,
after a Coroner's jury had heard the teeti.
mony Of five witnesses Of the shooting and
had declared that Thaw had killed White.
There was only one additional witness
before the Grand Jury in the indictment
proceedings. She was Mrs. Thaw. She
availed herself Of her privilege as a wife.
refused to answer any questions end was
excused.
Thaw will be called in the Court Of Cen
eral Sessions this morning to plead to bis
indictment. His counsel will enter a plea
of not guilty for him and he will go to the
Tombs to stay there until the trial, the
date for which has not been determined On.
1t was authoritatively stated in behalf
of Thaw yesterday after his indictment
that at his trial his defence would be
emotional insanity. 1t will be alleged that
a fit OF temporary alteration was brought
on when Thaw, previously sane, saw White
unexpectedly at the Cafe Martin on Monday
evening only a few tables away and again
at the roof garden show; that the at passed
away when he had killed White, and that
he Is now sane and capable Of being tried,
but cannot be convicted because he vas
insane while committing the murder.
On the trial, which he will then demand,
it will be sought to show that the ruin Of
Evelyn Nesbit was accomplished while she
was stupefed with drugs Of some kind,
and that her husband at a date not now
| specified was so informed. 1t will also be-
alleged that after she was Mrs. Thaw STAN
loTu nv ColiNiiiudiiy puISuCa hSi oha
tried to annoy her by staring at her and
ogliug her at public places when she was
with her husband.
The revolver with which the shooting
was done, the defence will set up, was not
purchased purposely to kill White with,
but had been procured by Thaw after an
attempt to assault him two years ago. and
bal haap no riad bu him avar oinoo
The defence does not expect that it can be
shown by the prosecution that Miss Nesbit
ever paid any heed, otter than to show
annoyance, to the attentions Of Mr.. White
after she had become Mrs. Thaw, that she
ever had any meetings with him or had
ever manifested any disposition except
to get away from him.
In making this defence Thaw's counsel
are going to try to rake over Whites pri-
vate life and bring out everything they can
concerning his conduct. Mrs. Thaw has
already turned over all the letters she has
that we're written to her by White. They
may have a bearing on the case eve
though written to her before she was Mrs.
Thaw.
One Of the witnesses called, but not ex-
amined, at the inquest yesterday says In
q BWOTu bldlCil6uO budl IC ONcILodEo IL
say to his wife just after his arrest: THAT
man deserved it. You know I've got the
proofs
There is to be no attempt by his lawyers
to have Thaw adjudged insane. TIT ex-
animation by experts is simply to get soms
testimony from them; il POSSIBILITY that
Thaw was a person who might be partiou-
larly susceptible to a fit Of emotional i'm
-.-.-H Tn.N l. Ill AL- --- ---A-
from the experts. The experts for the
prosecution will not seek to examine Thaw;
except to rebut any such evidence. The
whole matter will be for the Jury to decide.
Both sides are to begin q hunt for witnesses
that will take weeks, and there is no sug-
gestion as yet Of q speedy trial.
DID NOT MAKE MRS. THAw TESTIFY.
Contrary to what had been said the day
before, there was no effort to compel Mrs.
Thaw to answer questions before the Grand
Jury which indicted Thaw. Before going
into the Grand Jury room she sat for a while
in Assistant District Attorney Caravans
room, and when Mr.. Olcott told her to come
along with him and they started for the jury
room she said to him:
Il suppose / must go with you, but ] will
go to Jail before ! answer any questions
about Harry"
Mr.. Caravan went with her. She pushed
back the two wells she was wearing and stood
up when Mr.. Caravan questioned her. She
gave her name, Evelyn Nesbit Thaw, and
her age as 20 years. Then Mr., Caravan asked:
when did you last gee Stanford White,
the deceased?"
Then Mrs. Thaw turned toward Foreman
Henry L. Smith.
Il hope tina you gentlemen will not insist
upon my answering any more questions
she said in a low voice. Il might say some.
thing which would be injurious to my hus-
band, and / do not wish to do that"
Mr.. Caravan spoke up very promptly.
"The District Attorney will not insist UNI
less the Grand Jury desires him to- hs
said. Mrs. Thaw looked relieved.
we will not compel you, as long as you