The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-07-31
Eve.i.e Time. Special service.

Evening Tlmes Speclal SeFSlce.
New York, July 31.-Harry Kendall
Thaw, it can be said positively, will
go before jury of his peers on trial
for his life All efforts of counsel for
Mrs William Thaw to have him adj
judged insane have met with failure,
and the insanity plea will be elimi-
mated from the case. Thaw has won
his way after weeks of constant effort,
In which he went so far as to dismiss
his former counsel. Black. OlcOtt,
Gruber & Bonynge. and substitute new
counsel, who followed his instructions.
While it can be positively said that
there will be trial, and the district
attorney is pleased at this outcome,
strenuous efforts will yet be made to
obtain a commission to adjudge him
insane. 1t is learned that eX-Judge
William NJ. X. Olcott, the personal
counsel of Mrs. William Thaw, will
make efforts in the near future to OBJ
tain the appointment of such a COM
mission. Such application will not be
made before the criminal courts, but
In the supreme court in civil action.
Mrs. William Thaw, it can be said,
has decided not to NEEDLE further with
the criminal end of the case. She has
tired of trying to induce her son to
allow such action. and has given posi-
tive orders to her personal counsel
that an insanity plea be brought be-
fore the supreme court, and will, III
q civil proceeding. apply for COM
mission. This. it is said. will estah-
lish situation which is absolutely
new, SO far as lawyers know, in juris-
prudence.
Two Actions May Overlap.
The novelty of the action is in the
fact that an application is to be made
for a lunacy commission in the su-
preme court in a civil action while a
criminal proceeding in the same case
is pending in another court. If the
supreme court should declare Thaw
to be insane. after appointing such a
commission, it is then up to the in
ferior courts to pass on such recon-
mendation. 1t is natural to suppose
that the lower courts will recognize
the ruling of the higher courts, but
in this case, it is said, there will be
absolutely nothing to cause them to
do SO.
District Attorney Jerome, it is
known, is unalterably opposed to the
insanity plea. He will make objection
and will fortify his position by the re-
ports of his three alienists, DR.. Austin
Flint, DR.. Carlos E. Macdonald and
DIR. Mabon, who have declared Thaw,
after an examination. to be sane.
Aside from this. Clifford W. Hart
ridge, counsel for Thaw, will work
with the district attorney to prevent
the appointment of such commission.
and will offer as his evidence the fact
that there is no report in existence
showing that Thaw is insane.
1t is true that DR.. Allan McLane
Hamilton, one of the alienists employ
ed by the defence, has made a pre-
liminary report declaring, in his be-
lief, Thaw to be insane, but no fina!
report has been made, and the defence
need not obtain such a report unless
It decides to use it on trial. With
Dr. Hamilton's testimony eliminated.
there would be nothing to show that
Thaw was insane, and all evidence
oelng against such contention, the
application. it is said, would I'M
doubtedly be denied by the inferior
courts. This would make Thaw's
trail by a jury absolutely necessary
and do away, once for all, with the in
sanity plea.
1t is learned that Mrs. William
Thaw, despite the idea that she con-
trolls entirely the purse-strings which
will regulate the case of her i'm
prisoned son, has nothing whatever
10 90 with his income. Under the will