New-York tribune., 1906-07-14
ANOTHER THAW CHARGE
pPOTTGHT BY IN ACTRESS.
ddiOn for Alleged assault Long
on Court Calendar.

,-,. nrosecution in the case OF Harry Kendall
- Yesterday learned of civil suit for SoO,-
- ,ow on the calendar in the Supreme Court
,,st rhaw. which has been on record for
- sour wears During that time the suit, by
=, means or another, has been kept so far down
=. calendar that it has never been brought
sotTiaL
80 in an extremely unenviable light. Not
!. least startling discovery in connection with
~. sut is that Abraham II. Hummel is the
-,o-nev Of record for the plaintiff. This again
sS,ps Eumn,eI back into the case. he already
80 concerned through his connection with the
.,cb discussed affidavit sworn TO by Evelyn
.,eebit. and on which were interpretations by
SANFORD White.
The case against Thaw is for alleged assault,
ga VAS brought by Miss Ethel Thomas. eigh-
,..n years old, an actress. The first attorney in
,ss case was Joseph A. Shay, lawyer. Of No.
9O0 Roadway. Shay subsequently, became sole
,S,nsel for Miss Thomas, and Hummel was re-
,.f5es 10 become the attorney OF record.
n the long affidavit fled in the case charges
AGAINST Thaw Of an unprintable nature were
corn 10. As far as the affidavit can be given,
/, states that January 3. 1902, Miss Thomas
met Tsaw by appointment on Fifth avenue and
r9,pts at No 3O4 Fifth avenue She had known
blm for some time. it is stated. On the way
Thaw stopped at store and bought a rawhide
Vhlp Miss Thomas asked him:
.yvhst are you going TO do with that, Harry?'
Tbaw. the affidavit says. replied, as IL jOk-
ing
'oh. bought that 10 make you a good girl"
Miss Thomas said she had no idea for what
,se the heavy whip was TO be used, and accom-
panied Thaw to his apartments. While in the
spartments, she swore, Tflaw used the whip on
-. =. she refused TO accede to his demands.
e.. vss bea,en numerically. she swore. and be-
-. unconscious When she revived. she said.
,bo escaned from the place. She went directly
!, her counseIs Office and verified her story by
slowing the bruises and welts on her body.
sp. was subsequently brought for $4,000.
II was further learned that prior to the bring
ing Of the civil suit Shay talked TO District At
,ornev Jerome about bringing criminal action.
He was advised to bring the civil action. as a
criminal action would need positive corrobora-
tion. which was lacking.
Mr. shay talked with Assistant District At
iorney Garvan about this case yesterday. and
voluninous notes we're taken by the prosecution.
The case is considered OF the utmost importance
10 the prosecution. as showing the character of
ThsW. and as an illustration Of acts he has
committed in the past. partner Of Mr.. Shay,
Abraham NJ Polaski. confirmed the bringing of
the suit and the details yesterday. He said that
there were many letters in connection with the
csse. which Miss Thomas has. which were writ
Ten 70 her by Thaw and which practically
acknowledged the acts charged in the affidavit.
shsy was At his home IN Cedarhurst last night
snd could not be reached.
The Developments in the Thaw case were all
q the side Of the prosecution yesterday De
lancey Nicoll had an hours conference with
Mr Jerome and Mr.. Garvan relative to his
knowledge Of the case He is understood to
have talked about the afTidavit in which White
figured. and also 20 have told the prosecution Of
various events in Whites life.
Mrs. Mayme Y. Schwarz. who. through her
counsel had made it appear as IL she had eX-
ceedingly important news for the District At
torney and led the prosecution 20 take unusual
steps in having her watched. told what little
she knew Yesterday, and showed that she knew
practically nothing All the stories which she
had told TO others Of Thaw threatening to kill
White we'll as kill his wife. she said were
only hesrsay evidence. She sasd that they were
told her by William Sturgis, Thaws intimate
friend. She said she never knew Thaw, and had
Vis met MIS- nav q lew N.-IlcS' anu t4lSu VIZ
not know her well.
Mrs. Schwarz's testimony was taken by
Roundsman Beery. at the Pierrepont. in West
s2d street. II was so unimportant TO the prose
cutor that he told Beery not 10 bother further
with IL
| There were two witnesses before the Assistant
District Attorney yesterday. The first, whose
testimony Is considered important. is Rosa Mar
ston former artists model with Evelyn Nesbit
She Is now playing in ar open air performance
o. As You Like IT," Some days ago Private
De'ectye Bergoff said that he would produce {
I witness that would make Thaw collapse in his
I cell when he heard of it. Bergoff escorted the
l Young woman 10 the Criminal Courts Building
/ Yesterday. She is said TO be this iInportan
Witness. she talked with Mr.. Garvan for n1or'
ihan al hour, and Mr.. Garvan later acknowl
eyed that much important testimony for th'
! fosecuton had been secured.
I interest to-day centres in the arrival of Mrs
William Thaw. who is the Kaiserin August'
victoria, which is expected TO dock this after.
noon or tonight. William NJ. K. Olcott. counse
i@ rhaw. has secured special permits for he
2 visit her son at the Tombs as soon as sh'
ands She viii him tonight if not to'
T. als