New-York tribune., 1906-07-27
DROP INSANITY PLEA.
THAN WILL STAND TRIAL.
Wife and Mother to Work iR Har-
mOny for Defence.

The proposition to make an attempt to Sc
cure a lunacy commission TO adjudge Harry X.
Thaw insane was dropped yesterday by coun-
sci retained by Mrs William Thaw. It Is under
stood that the counsel consisting of ex-Judse
William Nj. X. OIcott and Terence j. McManus,
have decided that such a motion would meet
with ultimate defeat. and therefore IL has been
eliminated.
The understanding had been 70 make appii-
cation for the commission in the civil branch
of the Supreme Court. and. after such a COM
mission has been appointed. 70 take it, In the
usual course OF procedure, TO the criminal branch
for final adjudication. So much adverse criti-
cism has been made. however. that the counsel
are of the opinion that the motion would be
defeated. It is known that the District Attor-
ney's Office is emphatically opposed TO such a
course. and it's opposition would be a strong
power in Thaw's behalf. the prisoner is We
hemently fighting the motion
Instead of such an application, it is learned,
Thaw will be allowed 20 go to trial as he de-
sires The emotional insanity plea viii be that
offered by Clifford w. Hartridge the personal
counsel and attorney of record in the case. Ex-
Judge Olcott ii is understood is retained by
Mrs. William Thaw the mother of the pris-
oner, to look out for Harry's interests-not in
the way Of any action on his part but TO aid in
He will not work directly with Mr.. Hartridge
but will work along practically the same lines.
and everything that he can do 20 strengthen the
defence's case will be done irrespective Of legal
squabbles
Thaw is just as stubborn and headstrong re-
garding how his case shall be conducted as he
has ever been. Yesterday his mother, Mrs. Will
lam Thaw. and his sister, Mrs. George Lauder
Carnegie. visited him. Mrs. Evelyn Thaw. the
their arrival
most affectionate scene followed the meeting
Of the three women. The young wife rushed
into the arms of her husbands mother and
kissed her repeatedly. Apparently a recOnciia-
tion had taken place between them. The three
women chatted together in front of the cell.
Most Of the time Mrs. Carnegie stood with her
arm about Mrs. Harry Thaw's waist The three
laughed several times and the harmony reign
ing among them seemed to give great satisfac-
ton to the prisoner. They remained for nearly
hour.
When the women left the Tombs it was in
correctly rumored that Mrs. William Thaw for
the first time. going TO the Office of Mr..
Hartridge, further proving absolute cordiality
and understanding. This was untrue. however.
Mrs. Thaw went back TO Roslyn with her daugh-
ter. while Mrs. Harry Thaw went TO Mr.. Hart
ridges office, as she has done nearly every day.
The mother Of the prisoner. IL is understood.
again pleaded with her son TO accept the advice
CT Mr.. Olcctt. even If he did not retain him as
personal counsel. This Thaw refused to do,
showing the same stubbornness he has shown
for weeks. Mrs. Harry Thaw it is understood
Is placed in an exceedingly unpleasant predica-
ment by her husbands actions. She is in ac-
cord with her mother-in-law, and is said to de-
sire that Mr.. Olcott again figure in the case.
q g bavb
on his side, and consults Mr.. Hartridge as if
there was no controversy.
The testimony which, it was said on Wednes-
day, was given by Miss Anna Crane, a masseuse
to the District Attorney, was denied yesterday
by Acting District Attorney Smyth Mr. Srayth
said Miss Cranes testimony was not at all as
published. and was not considered important for
either side in the case
Francis P. Garvan, the Assistant District At
torney who has charge Of the case, returned to
his office yesterday. He did not devote his at
tention to the case yesterday but will catch
up the loose threads to-day. and is expected to
examine witnesses. The writ Of prohibition
which John b. Gleason, of counsel for Thaw, Sc
cured against the District Attorney is still in
effect Justice MacIean in the Supreme Court
not yet having handed down decision. In the
mean time the District Attorney is examining
witnesses in spite Of the writ. but does so only
issues subpoRnas
1t was learned yesterday that Herbert Fran
els. chauffeur who, The Tribune told yester-
day, was being sought for by Black, Olcott
Gruber & Bonynge, had been found at Pomfret
Conn. Francis is in the employ Of Mrs Ran
dolph Clark. He said he was never In the en-
ploy Of Harry X. Thaw, but had worked for
Thaw's brother, William. He said he did not
know Harry Thaw and had only seen him Oc-
casionally while in the employ of William Thaw
There are eighteen prisoners charged with
homicide at present in the Tombs, OF which
Thaw is thirteenth on the list Following the
customary procedure, Thaw should remain for
six months or more before trial. as the prisoner
Toy, who was indicted December 1S 1905 There
are three Cinnamon. six Italians four Amerf-
cans, two HungaTians and the rest of various
nationalites in the list One woman Is included
She is Bella Bailey who indicted on June
y for the alleged murder Of Mary Subaker One
prisoner is Raffaelo Cascone who on October
20, 1903, was sentenced to die for the killing OF
Tirtgi Sinischalchi Immediately he was taken
as result. after three years. is back in the