New-York tribune., 1906-07-20
0LC0TT STEPS DOWN.
GIVES UP THAW PAPERS.
VIII Still 4Act as AdUiser TO 40
cuS6d Mans Mother.

CUSCO NlUW w OCNeTs
The demand OF Harry Kendall! Thaw that ex-
Judgs William NJ. K Olcott should have nothing
whatever 70 do with his defence as far as personal
retaining is concerned. was conceded yesterday by
Mr, Olcots himself Mr.. Olcott withdrew from fur
ther representing Thaw in any way. being retained
by Mrs. William Thaw. the prisoners mother
This action OF ex-Judge Olcott shown by the
fact that during the late afternoon he sent to Clf
ford W. Hartridgs the lawyer who Thaw insists
on as his personal counsel most Of the papers and
evidence which he had obtained. A dress suit
case, filled with papers, sent by Mr.. Olcott 20
Mr.. Hartridge's Office. and Mr.. Olcott at the same
time made a statement in which he ridlculed the
court action OF Thaws personal counsel.
There never was any necessity of going into
court, he said ''They have a perfect right TO
them, which has never been denied. I may have
been derelct in not turning them sooner but
that was because had opportunity to go over
them and Gull out those of a personal nature.
when they asked for the papers selected some
Of them hurriedly. 1 told them then that they
could have the others as soon I could go over
them
'I had opportunity do so on Monday. I was
obliged 20 leave town. and did not return until
Tuesday afternoon. Then followed the engagement
with Mrs. William Thaw. Yesterday l went over
the apers It the first opportunity to do So
"It is hard to understand continued Mr.. Olcott
Jocularly. why the order applied for.
Thaw's personal counsel is evidently fond OF per-
petual motion"
A. Russell Peabody. partner of Mr.. Hartridge,
acted the messenger in carrying the papers
across the street to his own Office He used dress
suit case owned by Tnaw. The papers included re-
ports OF detectives made 70 Mr.. Olcott up 70 last
Saturday, but a number Of reports received since
then Mr.. Olcott refused 70 give up.
"It is question in my mind Mr. Olcott told
the messenger, whether the reports belong to
/ those who paid for them should be given to
Thaw because he happens to be the defendant
want to do what is right and will be guided solely
by such desire
These reports were all received after Mr. Olcott
had been dismissed by Thaw, and had nothing to
do with him personally. Mr. Olcott will keep
them until the matter is settled.
As the case now stands between the lawyers, the
order to show cause before Justice Blanchard. in
the Supreme Court, will undoubtedly be argued this
morning. it Is set. The argument will probably
hinge on the giving up Of the detectives reports
which Mr.. Olcott has refused to do. Mr.. Hartridge
would not say whether he would continue the case
or let 1t go by default 1t is understood however,
that the case will be argued, and the breach be-
tween the various counsel will be further widened.
Ex-Judge Olcott's position In the case, after his
publicly giving up the papers yesterday. has
considerable comment. many differing TO where
he stands. It is understood that he is solely the
| counsel for Mrs. William Thaw and members of
| the Thaw family. OF these Mrs. Evelyn Thaw has
about been won over. and while she still swings
| abou- the circle from Mr.. Olcott to Mr.. Hart
ridge. she has been shown it is believed. that
co7 attsuas m CoSs S an fU Untena6Ie % one
! is empowered fully to make any motion he desires
! follow his idea OF applying for commission in
!pnacy this would in no way have any bearing on
! commission of the crime A commission could only
Time. not upon his condition at the time Of the
murder, and should they send him to Matteawan
he would have to stand trial. just the same. should
/ he ever recover his senses.
clare him sane. he would be forced into trial with
mrs pea SE nsaT5y Tb gsay fsc pafed as e not
lieve that ex-Judge Olcott win abandon the apply;
with lunacy as the defence for the act Of June
| %. In that case Thaw's mental condition at the
time of the shooting would be considered well
to 4 BE- ons He R ie IS rSaed S s
e anyP RuT UeT nG to- Se do 6 h ms &
| Ign Thaw calls on him and confers with him az
derstood, through her husbands insistent demands
and NOT from ciSce Mrs 5,otaT Thaw saw Thaws ooqn
long statement Which IN eiTeft was ,a. about & the
she should give another statement of substantially
the saline purport could D. not be be learned
ciate counsel Jehn B. Gleason to prohibit through
July grand jury from further examining witnesses
yesterdSy when, after argument before Justice
MacLean the matter was taken under advisemsnt.
IL % scve i've as IpTe as the case is not decided
gued personally aainst Asslsta9t District Attorney
grand jury ssid his application was based on three
.:Frst-1'hat the July grand jury has no inquisi-
toriaI powers, and that the matter is outside its
ed Thaw is now defunot. and could not inquire
into the matter. -, -.
has the right 10 be present whenever testimony Of
any witness is taken 9galnst him. and to have
opportunity to examine him.
Mr. Gleason said the only question before the
court was to the suficency OF the facts. and
that the three subpRnas submitted by him weTe
sdeouate to justify the Issuance OF the writ OF pro-
hibition asked for. ~ So -, ,..,s -,
eubnoenaed TO attend the october term OF the court
and who testified against Thaw on his Indictment
Sor murder was subposnaed on the very day upon
Which these proceedings were STAYED by the court;
IA resti6ed before the grand jury In criminal
nToceeding n, said 10 be brought against John Doe
P.otIorr,, x Thaw is. I maintain. lntenned 10 be
,raa,t Nv the fictitious name John Doe.
Srs Harry Thaw visited her HUSBAND as usuai
,a1ta-dsW morning. Mr.. Hartrtdge had called De
go her and left word that he wished 70 SEQ her;
So e1t 10 his Office after leaving the IonlDs ana
,i,ere dictated the statement rereTTeo 10 an w
asteTnoon ar Peabody called on Thaw ana t9d 92
him mat the papers had been turned over 1871 70 ~
Ig.rtriSee Tfis appeared To please IlaW eHceeo, 4
tnTl,- later Mr. HRT1r.dBe called again fAS "e
l.e. ism much that 'an say al lls time. We " =
i,,c ali he necessary papers and feIltSlI a
5st vyee In the office Of Judge Olcoil ana tEy oet
bae now everything will move along sinsiI. sinUoIIII
Gysrr Is n a good frame OF mind sho spPtt
1ia4 thas sis l..al afaLrs have been SsFaAehlehs'
st il *