Omaha daily bee., 1906-07-18
UNUSUALSTEP IN THAW CASE
District Attorney Restrained from Taking
Further Evidence Before Grand Jury.
BODY USED As CLOAK FOR ISOUlsITION
Attorneys Aueee that Defendant Has
Right 20 he Represented at
Taking of All Testimony
Under oath.

NEW YORK, July 1.-THE defense in the
case OF Harry X. Thaw. accused Of the
murder OF Stanford White, made an unusual
and unexpected move today when writ
of prohibition was secured from Justice
Blanchard in the supreme court restraining
the district attorney and the July grand
jury from taking further evidence under
oath against the prisoner. The application
for the writ was made by John Gleason of
counsel for Thaw and the order to show
cause why Il should not be continued was
made returnable tomorrow. IL was said to-
night that the district attorneys ONCE will
request an adjournment Of the matter be-
cause of the absence from the city Of Dis
trict Attorney Jerome and his assistant
Mr.. Garvan.
Detrimental to Prisoners Interest.
Counsel for Thsw al1ege that through the
Illegal use of grand Jury subpoenss the
district attorney is summoning all possible
witnesses in the case to his office. putting
them under oath there and taking deposit
tons which may be detrimental to the pris-
oners interest. 1t is further alleged that as
Thaw is already under indictment and no
new indictment for the murder Of White
is contemplated, the district attorney has
no right to use the grand jury as a cloak
son who can appear as a witness in the
case, forty-seven OF them so far, have been
sworn by the district attorney, it is as
serted, and dispositions made for use at the
trial. and at all Of this counsel for the
defense has not been allowed to be present
Mrs Thaw visited her husband in the
Tombs today and afterwards went to the
Office OF Judge Olcott's law firm, which has
been re-engaged by Thaw's mother.
1t was reported today that Thaw has
been under the close scrutiny of an alien
list, disguised as a prison attendant, ever
since the possibility was raised of an in
sanity plea being urged.
Allegations In Complaint
The allegations on which the restraining
writ was issued state that as Thaw had
been indicted by the grand jury it is illegal
for the district attorney to issue grand
jury subpoenas and to obtain further evil
dence for the prosecution through witnesses
who appear at the district attorneys office
in answer to summonses Application for
the writ contained the following allegations:
For the purpose of preparing the case for
attorney, addressed to witnesses, requiring
! them TO appear and testify before the
| grand jury In an investigation before 1t.
| The subptoenas are not made for the pur-
| pose of procuring any new indictments for
the killing of Stamford White, but for the
! purpose Of procuring evidence to he used
| against the defendant at the trial. The
witnesses are required by the district attor-
ney to be sworn as before the grand jury
and the dispositions are taken. The news
papers keep track of the witnesses thus
! produced and undertake to state the facts
| to which they have testified. The taking
| of these depositioHs against the defendant
! has been chiefly entrusted to Assistant Dis
! trict Attorney Garvap, and from time to
! time interviews purporting to come from
| him have appeared in the public press, in
which the intent to take the dispositions
before the grand jury for use against
Harry K Thaw al his trial has been
plainly stated 07' 800 ts
Mr. Gleason served a. copy of the order
upon Acting Distrbct Attorney Sym Smyth,
who. said probahlY Hthe district attorney
would ask for an adjournment tomorrow,
when, the application is returnable in the
supreme court ....
ThRw VIII he Declared Insane.
The World tomorrow will say: Harry
Thaw will never be placed on trial for
the murder of Stanford White. An appli-
cation will be made for the appointment
| of commission to inquire into his sanity.
I There is no doubt that he will be declared
insane and gent 20 the hospital for the
| criminal insane at Mattewan"
District Attorney Jerome is not expected
to interpose any serious objection to the
! appointment OF a commission to inquire
into Harry Thaws sanity. Some of the
! all EXISTS retained by the district attorney
have reported to him their belief that Thaw
| is mentally irresponsible. Many friends OF
Stanford White have asked the district
attorney to consent to such a disposition
! of the case rather than have the notoriety
| Of trial