The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-07-18
THAW'S COUNSEL
BLOCK THE GAME
District Attorneys Office Re-
strained From Issuing
Grand Jury SubpOenas.
REASONS GIVEN BY COURT
PRISONERS ACTIONS CLOSELY
WATCHED.
REASONS GIVEN BY COURT

WATCHED.
son. one of ThaW's counsel, appeared
before Justice Blanchard in Part two
of the supreme court today and Sc
cured a writ of prohibition restrain
ing the district attorney and the grand
jury from taking any evidence as to
the killing of Stanford White The
writ, which is temporary, also re-
strains the district attorney and the
grand jury from issuing any sub
Roenas in connection with the matter
Of the killing of White
Justice Blanchard also issued an
order directing the district attorney
and the grand jury to show cause to-
morrow morning why they should not
be absolutely restrained from any fur
ther proceedings in the matter of the
killing of White and against Harry K
Thaw.
Thaw Already Indicted.
The allegations on which the restrain
ing writ was issued state that as Thaw
has been indicted by the grand jury
it is illegal for the district attorney
to obtain further evidence for the
prosecution through witnesses who ap-
pear at the district attorneys Office
in answer to subpoenas. The appli-
cation for the writ contained the fol-
lowing allegations:
For the purpose of preparing the
case for trial. subpoenas are made by
the district attorney, addressed to wit
nesses, requiring them to appear and
testify before the grand jury in an
investigation before ii. These sub
pOenas are not made for the purpose
of procuring any new indictments for
the killing of Stanford White, but for
the purpose of procuring evidence to
be used against the defendant at the
trials
Witnesses Are Sworn.
The witnesses are required by the
district attorney to be sworn as be-
fore the grand jury and the depo-
sitions are taken The newspapers
keep track of the witnesses thus pro-
duced and undertake to state the
facts to which they have testified The
taking Of these dispositions against the
defendant has been chiefly entrusted
TO Assistant District Attorney Caravan,
and from time to time interviews pub
have appeared in the public press in
which the intent to take the depo-
sitions before the grand jury for use
against Harry X Thaw at his trial
has been plainly stated"
Mr.. Gleason served copy of the
order upon Acting District Attorney
Smith. who said that probably the
district attorney would ask for an
adjournment tomorrow, when the ap-
plication is returnable in the supreme
court.
Mrs Harry X. Thaw paid her daily
visit to her husband in the Tombs
prison today. She said she did not
know whether or not Thaw's mother,
Mrs. William Thaw, will visit her son
again today.
Thaw also had a consultation with
his counsel Clifford w cartridge, and
his partner
Watch Set on ThaW.
1t was reported today that Thaw
has been watched constantly since his
arrest by a trusted prisoner, who has
been detailed as an extra Waterman
on the tier where Thaw's cell is To-
Gated. One purpose of the surveillance
is said to be to catch as much as pos
sible of what is said at his talks with
the watch upon him, as the prison
warden refuses to discuss the sub
ject.
After her visit to the Tombs today
Mrs Harry X Thaw went to the Of
fee OF William K. OlcOtt, the lawyer
who had previously acted as Thaw's
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 At
tOrney Jerome.
purpose of the espionage is to ascer-
Will Never Be Tried.
The World tomorrow will say:
Harry Thaw will never be placed on
trial for the murder of Stanford White.
An application will be made for the ap-
pointment Of commission to inquire into
his sanity. There is no doubt that he
Will be declared insane and sent TO the
hospital for the criminal insane at Mat
tewan.
This authoritative statement was
made TO the World last night immediate
ly after the conclusion of conference
at the Dy one VINO ndu
been present. At this conference, which
began shortly after o'clock. were Mrs.
William Thaw, mother of Harry ThaW.
Lewis L. Delafield. her personal counsel;
William NJ. K. Olcott of the firm of
Black. Olcott, Gruber & Bonyuge, young
Thaw's former counsel; Josiah Thaw and
George L. Carnegie. son and son-in-law
of Mrs. William Thaw. Mrs. Evelyn
Nesbit Thaw was present but took no
part in the conference.
Mrs. William Thaw met Judge Olcott
and insisted upon his resuming the. de-
tense of her son, which she said he could
40 in any manner he saw fit Mr. Oh
Cott promised to take the matter under
ADJUSTMENT, but said he could give no
final answer until he had conferred witr
the other members of his firm The
probabilities are that the firm will again
take up the direction of the defense of
Harry Thaw. H. ~ =
Mother Is Convinced.
MIR. OIcott gave Mrs Thaw informa-
ton he had collected which convinced her
that her son was mentally Irresponsible en-
the night ne killed White He said thar
number of the greatest alenists in the
country who had been retained by the
zAfense were convinced that the youne
man was irrational.
"District Attorney Jerome is not ex-
,aected 10 interpOse any serious objection
"a the appointment of a commission IN
ito Harry Tbnu,C -