New-York tribune., 1906-07-19
WANTS THAW PAPERS
HARTRIDGE GETS ORDER.
Prisoner Smbmits AffdaUit IN fiction
against Olcott Firm.


who viii defend Harry Kendall Thaw. charged
with the killing of Stanford White on June %.
reached an acute stage yesterday when court
action brought to bear to settle the case
Heretofore the trouble between ex-Judge Will
lam NJ K. Olcott and his firm and Clifford W
Hartridge and his associates. has been verbal
warfare. Late yesterday afternoon the courts
were called in TO try to settle the controversy.
Clifford w. Hartridge, acting as personal coun-
sci for Thaw, late in the afternoon made appli-
cation before Justice Blanchard in Part II Of the
Supreme Court for an order 70 show cause why
the firm OF Black. Oicott. G-uher & Bonynge
should not turn over all papers and evidence
In the defence's case TO Mr.. Hartridge and his
associates. The motion, which was granted. was
made returnable tomorrow morning. The order
granted by Justice Blanchard provided that the
firm Of Black, Olcott, Gruber & Bonynge should
be served with the order before 6 p. yester-
day. 1t is understood that this was done.
Not only did Mr. Hartridge offer an affidavit In
the action, but there was also an affidavit, a
page and a half in length, made by Harry K.
Thaw. substantiating everything that Mr. Hart
ridge swore to- This does away with the many
rumors that Mrs. William Thaw, the mother OF
the prisoner, had induced her son to retain Mr..
Olcott again.
Mr.. Hartridge in his af1davit, said that when
he received a copy of the dismissal letter sent
by Thaw on Saturday to the firm of Black.
olcott Gruber & Bonynge, he informed them
that he had received it and desired the papers
in the case. He received some papers, and was
told that the others were locked up, but that he
could have them on Monday. When they were
not sent TO him on Monday Mr.. Hartridge tele-
phoned the office the affidavit says. but was
told then and several occasions thereafter
that Mr.. Olcott was out. The last communica-
tiOn Tuesday Mr.
Harry Thaw in his affidavit substantiated the
statements of Mr. Hartridge He said that from
information and belief the papers in his case
had not been sent TO his counsel. Clifford w
Hartridge He swore that Mr.. Hartridge was
his personal counsel. and no one else He said
it was his desire that all papers should go to
Mr. Hartridge. and to no one else, and that he
desired him TO conduct his defence.
The action OF Mr. Hartridge, which was agreed
to by his partner. Mr.. Peabody and his asso-
ciate. John B. Gleason, caused great surprise
among lawyers who were told about it, They
said that the court actions Of Mr.. Hartridge and
associates in the last two days had been almost
unprecedented The tangle which Thaw's coun-
sci now finds itself in is worse than ever. it is
thought, and the only solution will be when the
court on Friday decides the order to show cause
granted yesterday
The defence of Mr.. Olcott's firm, IT is believed
will be that his firm has not been paid so far
for it's service, and under those conditions is
empowered TO hold the evidence No one con-
nected with the firm would discuss the matter.
Mr. Hartridge was equally reticent, and no one
his side of the case would talk about it.
AS far as can be learned Mr.. Hartridge has
but few OF the papers IN the case. He has ac-
knowledged that the testimony Of Mrs. Evelyn
Nesbit Thaw has been sent to him. Whether
known. He also has few other papers. but the
great bulk of the evidence collected is still in
the possession Of Black Olcott, Gruber &
Bonynge
In spite of the misunderstanding as to counsel
both sides probably worked as hard, if not hard
er, on the case yesterday than before. The law
yers hurried all day long from court to court
and then to the Tombs. Detectives were about
Mr. Olcott's office all the afternoon getting in
structions where to go and what to do. Mr. Oh
cott as far as he is concerned is in the just
as much as he has ever been. Mrs. William
Thaw has positively retained him and insists
on having him as counsel of record. After two
long talks between the prisoner and Mrs. Will
lam Thaw yesterday. at the second Of which
Mrs. Evelyn Thaw was present and departed
arm-in-arn with her mother-in-law, it was free
ly said that Thaw had been induced to again
Mr. Olcott is said to be persona non grata with
Thaw, and will undoubtedly remain so.
The hearing on the writ obtained on Monday
by counsel for Thaw, restraining the District
Attorney and the July grand jury from taking
further evidence in the case, was adjourned yes
terday by Justice MacLean in the Supreme
Court When the case was called Assistant Dis
trict Attorney Taylor asked for an adjournment
and added that he wanted to interpose certain
preliminary objections.
In the first place." he said, "the writ OF pro-
hibition granted by Justice Blanchard seeks to
enjoin District Attorney Jerome, who is neither
a court nor an inferior tribunal. and who, there
fore, cannot be restrained by a writ of pro-
hibition.
IN the second place, the writ seeks to enjoin
the July grand jury, which also is neither a
court nor an inferior tribunal. and therefore
cannot be restrained by such writ The writ
is not directed to the Court Of General Sessions.
1 understand that we appear here for the grand
jury. although why should do I do not
know.
In the third place, Thaw has an adequate
remedy at law. The complaint states that the
District Attorney is continuing an investigation
into the Thaw matter. Now. how Thaw can be
hurt by any proceedings Of the District Attorney
I cannot see, as he is now in the TOmbs under
an Indictment, and the only allegation appearing
in the complaint which seems to be a fact is
that a subpoena was served on Nellie Leahy. but
it does not appear to have anything to do with
the Thaw matter
Mr. Taylor finally said he was ready TO argue
the case but Mr.. Gleason, the petitioner. asked
for an adjournment. saying he had not finished
his afidavit and the case was adjourned until
to-day.
Thaw had another busy day in the Tombs yes