Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-07-17
THAW'S COUNSEL
MAKES A MOVE
Secured a Writ of Prohibition
From the Court.
IN NEW YORK CITY TODAY
Restraining District Attorney and
Grand Jury
MUCH INTEREST IN THE CASE
From Taking Evidence as to the Kill
ing Of White and Issuance Of
Subpoenas.
Restraining District Attorney and
Grand Jury
MUCH INTEREST IN THE CASE

NEW YORK, July 17.-John D. Gleason,
one OF Thaw's counsel, appeared before Jus
tice Blanchard in part two of the supreme
court today and secured a writ Of prohibi-
ton restraining the district attorney and
grand jury from taking any evidence as
to the killing of Stanford White. The writ
which is temporary. also restraints the dis
trict attorney and the grand jury from is
suing any subpoenas in connection with
the matter Of the killing of White.
Justice Blanchard also issued an order
directing the district attorney and the
grand jury to show cause tomorrow morn
ing why they should not be absolutely re-
strained from any further proceedings in
the matter of the killing of White and
against Harry K. Thaw.
Mrs. Harry K Thaw paid her daily visit
to her husband in the Tombs prison today
She said she did not know whether or not
Thaws mother, Mrs. William Thaw, will
visit her son again today.
Thaw also had a consultation with his
counsel. Clifford w. Hartridge and his
partner.
It was reported today that Thaw has
been watched constantly since his arrest
by a trusted prisoner, who has been de-
tailed as an extra watchman on the tier
where Thaws cell is located One purpose
OF the surveillance is said to be to catch
as much as possible of what is said at his
talks with his visitors. 1t is not known
who set the watch upon him, as the prison
warden refused to discuss the subject.
one report concerning the watch set upon
Thaw was to the effect that the supposed
trusty" who is said to be watching the
prisoner is an expert alienist who has been
admitted to the prison by direction of Dis
trict Attorney Jerome. This report also de-
clares that the purpose of the espionage Is
to ascertain whether or not Thaw is sane.
Allegations Supporting the Writ.
all IN, ic1, tI,a ~;
writ was issued allege that as Thaw has
been indicted by the grand jury. it is IL
legal for the district attorney to issue
grand jury -subpoenas and to obtain fur
ther evidence for the prosecution through
witnesses who appear at the district at
torney's office in answer to these sub
poenas The application for the writ con-
tanned the following allegations:
For the purpose of preparing the case
for trial subpoenas are made by the dis
trict attorney, addressed to witnesses,
quiring them to appear and testify before
the grand jury in an investigation before
it, These subpoenas are not made for the
purpose of procuring any new indictments
for the killing of Stanford White, but for
the purpose of procuring evidence to be
used against the defendant at the trial
The witnesses are required by the district
attorney to be sworn as before the grand
jury and the dispositions are taken. The
newspapers keep track of the witnesses
thus produced and undertake to state the
facts to which they have testified
The taking of these dispositions against
the defendant has been chiefly intrusted to
Assistant District Attorney Garvan, and
from time to time interviews purporting to
come from him have appeared in the public
press, in which the intent to take the depo-
sitons before the grand jury for use against
Harry K. Thaw at his trial has been plain
ly stated
Mr.. Gleeson served copy of the order
upon Acting District Attorney Smyth, vino
said that probably the district attorney
would ask for an adjournment tomorrow,
when the application is returnable In the
supreme court
After her visit to the Tombs prison today
Mrs. Harry K. Thaw went to the Office of
w. M. K. Olcott. the lawyer who had pre-
viously acted as Thaws counsel, but who
was dismissed few days ago by Thaw.