The Mena weekly star., 1906-07-19
NEN MOVE IN THAN CASE
Defendants Counsel Secures Tenn prrary Order Restraining Authori-
 ties From Taking Testimony.
WRIT IS RETURNABLE ON WEDNESDAY,
The Allegations in the Petition State that as Thaw Had Already Been Indicted It is Illegal for the District Attorney to Issue Grand Jury Subpoenas to Obtain Further Evidence.

New York, July 1S.--John D. Glea> son, one of Thaw's counsel appeared before Justice Blanchard in Part two uf the supreme court Tuesday and secured writ of prohibition restrain. ing the district attorney and the grand jury from taking any evidence as 10 the killing of Stanford White. The writ which is temporary also restraints the district attorney and the grand
 jury from issuing any subpoenas in connection with the matter of the kill
 ing of White.
 Justice Blanchard also issued an order directing the district attor-
 ney and the grand jury to show cause
 Wednesday morning why they should
 not be absolutely restrained from any
 further proceedings in the matter of the killing c. White and against Harry
 K. Thaw
 The allegations on which the re-
 straining writ was issued state that as Thaw had been indicted by the grand
 jury it is illegal for the district attor-
 ney to issue grand jury subpoenas and
 .o obtain further evidence for the pro
 secution through witnesses who ap-
 pear at the district office in answer to the subpoenas. The application for
 the writ contained the following allega- tions:
 For the purpose of preparing the ,ase for trial, subpoenas are made by he district attorney, addressed to wit estify before the grand jury in an investigation before it. These sub ,oenas are not made for the purpose f procuring any new indictments for he killing of Stanford White, but for he purpose of procuring evidence to be used against the defendant at the | rial The witnesses are required by | he district attorney to be sworn as ,efore the grand jury and the deposi- | ions are taken. The newspapers keep | rack of the witnesses thus produced md undertake to state the facts to which they have testified The taking | If these depositions against the defend md has been chiefly entrusted to As ;istant District Attorney Garvan and rom time to time interviews publish d purporting to come from him have | .ppeared in the public press in which | he intent to take the depositions be ore the grand jury for use against larry K. Thaw at his trial has been | plainly stated.
 MT. Gleason served a copy of the order lpon Acting District Attorney Smith vho said that probably the district attorney would ask for an adpourn- | nent Wednesday when the application
 returnabe in the supreme court. | After her visit to the Tombs Tues | day, Mrs Harry K. Thaw went to thu office of w. M K Olcott, the lawyer
 who had previously acted as Thaws counsel but who was dismissed a few
 days ago by Thaw.
 One report concerning the watch set | upon Thaw was to the effect that the
 supposed "trusty' who is said to be
 watching the prisoner Is an expert alienist who has been admitted to the prison by direction of District Attor. ney Jerome. This report also declares
 that the purpose of the espionage Is to ascertain whether or not Thaw | Is sane