Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-06-29
emotional INSANITY" TO BE
HARRY THAW'S DEFENSE

NEW YORK, June 29.--An announce
ment that the defense will make emotion
al insanity the basis for its fight for the
release of Harry Thaw, in Jail indicted for
the murder of Stanford White. set at rest
the speculation on this point today. Justi-
fable homicide and the straight plea of IN
sanity had been suggested as line of de-
fense, but Thaw himself made the insanity
move impossible by his refusal to consider
1t and by declining to allow alienists to
question him.
1t will not be claimed that the young man
is insane now. Such a plea would mean
sentence to the asylum for criminal insane
at Matteawan.
This new line means trial, and If the
plea of emotional insanity Is justified
Thaw will be a free man. The defense II
has also been announced. plans to bring out
the whole story of Whites life, of his re-
lations with Evelyn Nesbt before she mar
ried Thaw and of his subsequent actions,
which the defense claims annoyed Mrs.
Thaw and goaded the husband on to the
shooting
District Attorney Jerome. who is on his
vacation. left Cape Breton yesterday for
New York. The arraignment CT Thaw to-
day in the court of special sessions was
simply for the purpose of receiving the pris-
oner's plea of mot guilty. and MIR. Ie-
rome's return. it is expected, will hurry the
actual trlai- IL IS suggested toGdy tfdt tHe
district attorney may per sonally conduct the
prosecute
Mrs Thow will be witness for her hus-
band at the trial She has declared her
Willingness to tell all she knows. She fully
realizes that in doing so she Will subject
herself to a searching cross-examnation.
That Thaw bought a revolver to Kill
White that the killing was premeditated
will be denied. The defense is prepared
to prove that Thaw had been accustomed
volver. About two years ago, according TO
evidence In Its possession, Thaw was at
tackled by thugs while out late one night,
and since that time had carried weapon.
Anthony Comstock Called In.
Thaw's action in telephoning Anthony
Comstock yesterday aroused much interest.
Mr.. Comstock in an interview is quoted as
saying that he Is willing to appear for the
defense if called upon and give evidence as
to Whites conduct.
About a year and half ago. said Mr..
Comstock 'Thaw came to and COM
planned about Whites actions. After his
marriage he came to me many times he
saw me again about two weeks before the
murder.
LAS to Thaw's purpose In furnishing me
with this evidence ag 1inst White. L nrmly
believe it was prompted by the purest mo-
tives. l do not mean that I'naw thought
White should be murdered, but that ne
should be taken out of the community by
legal process and put In prison. Thaw
seemed to have an awful weight upon MS
heart when he visited me, but was un-
able to fathon 1t and he never volunteered
any information on tie subject.
ION the strength of his information and
from that received in anonymous letters
which corroborated Thaw's statements l
endeavored to get at the truth with view
to securing a conviction if possible.
But when it came TO preparing case
me- The result was that l had no sup-
stantial evidence to offer in legal action
which would make a conviction certain
NV Ill success in not bringing White TO
trial seemed to depress ThaW. AS 10
whether | believe this depression caused
Ttnaw to commit the murder | do not care
to say
serionsIv affected Mrs Thaw. She had
hardly reached her apartments when she
tainted and it was necessary TO call
physician to revive her.
Thaw's Unpleasant Experience.
Thaw has had several unpleasant expert
ences with prison discipline since his con-
tnenent in the Tombs, but his keepers say
that on each occasion he has met them
gracefully. He had considerable difficulty IN
acting TO sleep last night because of the
intense heat in his cell. and about m1dhisht
called o keeper ard asked PERMISSION 70
walk In the corridors. i m used 10 night
air won know and this is pretty nara on
me- said the pr4sohei al iiioA'S ~
quest. $500 .r4 .,o
regulations forbid prisoners leaving their
cells during the night ~,
q, hen l guess l don't walk, was IhaW
comment as he returned to his cot
An hour later he told the keeper ne was
hungry ard asked for a lunch, but again
the prison regulations were called 10 MS at
tent!oa. -, ,r,,,
Then l don't eat, either" SAID Thaw
with a smile. and few minutes iater ne
was sound asleep. He was up early tnis
morning and by the time the gong souhoeo
AT O'Clock was ready for the morning e&-
ercise in the corridor
Talking to one of the keepers about the
exercise he got in prison ne saia II was
hardly enough for him. as he had been IN
the habit of swinging Indian clubs every
morning when he first got up. He asked IL
II would not be possible for arrangements
10 he made for him to have either pair
of clubs or dumb bells brought TO MN so
that he could get more exercise
mot on this tier" was the keepers S dipio-
matte way of informing Thaw that prison
ers charged with murder are not allowed to
have weapons Of any kind, or anything else
with which they might possibly do them
selves or others an injury.
While waiting for the opening OF court
Thaw sat near an open window In the
Bridge of Sighs, which connects the prison
with the Criminal court building. He talked
freely with newspaper men and others dur
ing his brief stay, but declined to say any
thing whatever concerning his case. He
appeared to be In good physical condition
and said that he slept fairly well last night.
How do you find the beds?" Thaw was
asked.
We'll" he replied they are not Just
what / have been used to. but / guess I'll
get accustomed to Them.