New-York tribune., 1906-07-10
PLAN THAW DEFENCE.
FORGERY NOW CHARGED.
Say A6fdauit Vas Not Signed by
EUelgn Nesbit.


Thaw on the charge Of numbering Stanford White
on June Is had their innings yesterday and more Of
the attitude Of the defence was learned from various
sources than has yet been made public. Statements
which bordered on the sensational were also made.
the most important OF which pertained 20 the much
discussed affidavit which Evelyn Nesbit Thaw is
alleged 20 have written. with interpretations by
Stanford White, prior to contemplated breach OF
promise suit against Thaw. In this connection the
defence did take the decided stand it has taken
heretofore, that no such affidavit was even con-
templated, TO say nothing OF having been made
The defence said that IL any paper purporting 20
be record of such affidavit was produced By
the prosecution. with a signature supposed 70 be
that of Evelyn Nesbit. it would be proved a
forgery.
This statement, which is at variance with those
hitherto made by the defence. caused considerable
surprise Even the prosecution heard the statement
about a possible forgery with interest Possiblli-
ties of long drawn out trial. in which not only
exceptional number Of alienists win appear. but
also including the usual tedious testimony OF many
handwriting experts, loomed UP. Terence J. Nc
Manus. of the defence's counsel said. however.
that he did not believe that it would be necessary
to have any experts on handwriting.
''In case there is paper purporting to be such
an affidavit or even IL there is Photographic copy
Of such an alleged document he said ''and il has
a signature which the prosecution says is that OF
Evelyn Nesbit Thaw, will prove without
shadow of doubt that it is a forgery. And we can
do without the necessity Of having handwriting
experts to prove it, either.'
The employing Of many alienists by the defence
was not denied yesterday by counsel. All that was
said was that none had been engaged yesterday.
COUNSEL FOR DEFENCE DISAGREE.
Abraham Gruber. OF the counsers law hrm was
quoted saying that Thaw is insane now. This
statement was positively denied later by Mr. Nc
Manus. who said
'NIr. Gruber has never seen Thaw, and is not
working this case. so the statement is untrue"
Ex-Judge William NJ K. OIcott did not return 10
the city yesterday, still being In Pennsylvania,
where he went on Saturday afternoon. He will
return this morning. II is understood that he
has obtained the statements Of many people to aid
the defence, and build up more strongly than ever
the theory that Thaw is insane.
Mr. Olcott stayed at the Hotel Walton Satur-
day night but disappeared Sunday. and could
not be found all day yesterday. One of the most
important witnesses that he saw Miss Har-
riette Thaw. a cousin of Harry K. Thaw. Miss
Thaw is inmate OF the Friends Asylum for the
Insane in Frankford where she has been for two
years. Her case attracted wide attention on ac-
count Of the prominence Of her relatives and be-
cause Of the manner in which she lived. She barr-
caded herself in a hovel in squahd quarters in
Philadelphia and denied entrance to ALL Rats
swarmed about the place. and her way OF living
became public question, when she was practically
abducted by man and a woman riding in private
carriage. who carried her to the asylum where she
has since been cared for.
Miss Thaw is said be only partially insane
II
ing her knowledge of Thaw's eccentricties for sew
eral years, as she was frequently in his company
and knew him we'll
Mr. Olcott not only interrogated Miss Thaw. hut
went to cities far from Philadelphia. where
he examined several other witnesses.
It was believed that he went to Pittsburg yester-
day and talked to Mrs. Holman. mother Of Evelyn
Thaw. Counsel for the defence would neither af-
firm deny this report. 1t was said however.
that Mr.. Olcott had secured much valuable in
formation for use of the defence.
The defence yesterday denied the truth of state
ments made by Edna Mcclure. printed in yester-
days papers, concerning her friendship with
White. Thaw and Mrs Thaw.
THE story is made out of whole CLOTH" Mr.. Nc
Manus said. Miss Mcclure did not make any
such statements to the prosecutor or any one else
The counsel was told that Mrs. Minck. the
mother of the show girl" had made most of the
statements. and denial then lacking. Counsel
acknowledged, however, that Edna Mcclure and
Maize Toilette were two of Mrs Thaw's most inti-
mate friends and had been with her more than any
other of the young women mentioned in the case.
THAw's THREAT TO KILL WHITE
1t was learned yesterday that the woman at
whose apartments Thaw is alleged to have pulled
out a revolver and threatened to shoot White is a
Mrs. Schwartz, living at the Pierrepont apart
ments, in West sd street. Mrs. Schwartz in a
statement said:
II first met the Thaws In Paris on their second
trip there This before they were married in
to my house. With them was Billy Sturgis, an
intimate friend OF Thaw. II there that Thaw
pulled the revolver and threatend to shoot
White. That over year ago, shortly after
they had been married. Sturgis at that time told
Thaw he was fool TO make such threats and 10
get some one else to do it if he still persisted.
IT met Stanford White shortly after this episode
and stopped talk with him. We spoke about
Evelyn having been married, and Stanford said
that he was glad she was, as she foolish and
headstrong, and would thus be out OF all tempta-
tion. That is all know about the case
The District Attorney learned of this statement
and the whereabouts of Mrs. Schwartz yesterday.
She was subpnnaed to appear before him this
week
William Sturgs. better known in the case as Billy
Sturgs, has disappeared. it is said. The defence
we'll the prosecution has tried to find him
and cannot do Sturgis 1t is understood. has
left the city. The prosecution acknowledged that
it could not find him. Detectives on both sides OF
the case are searching for him. Sturgis is thought
to be possibly the most valuable witness who has
not yet been examined by either side He has been
an intimate friend Of Thaw, has accompanied him |
scores of times TO restaurants and other places and
is the man who is said to have been a witness Of |
the episode when Thaw brandished a revolver in |
Mrs. Schwartz's apartments.
have been examined by Assistant District Attor-
ney Garvan was attacked yesterday by counsel for
tective who worked for White in 'shadowine' the |
sleuths employed by Thaw, the defence said that |
they could prove various where Bergoff's |
statements were unreliable The defence is work |
McKenna. the head OF the Greater New York De- |
tective Agency. the defence said that McKenna |
at time chief OF detectives for the Della |
ware. Lackawanna Western Railroad, but |
through Samuel Sloan or President Truesdale. he |
was discharged for various reasons
JAMES LEDERER sUBPRNAED