The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-07-17
Restraining Jerome's People
From Taking Evidence.
ALSO THE GRAND JURY
Is EnjOined From Issning Sub
poenas for Witnesses.
A Watch Is Placed on the Pris-
Oner in the TOmbs.

New York, July 17.-John D Gleason,
one of ThaW's counsel, appeared before
Justice Blanchard in part two of the
supreme court today and secured q writ
Of prohibition restraining the district
attorney and the grand jury from tax
ing any evidence as to the killing of
Stanford White The writ. which is
temporary, also restraints the district at
torney and the grand jury from issuing
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
morning why they should not be abso-
lutely restrained from any further pro-
ceedings 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 prisoc
today. She said she did not know
whether or not Thaw's mother, Mrs.
William Thaw, will visit her son again
today. Thaw also had a consultation
with his counsel, Clifford W. Hartridge,
and his palmer.
It was reported today that Thaw has
been watched constantly since his ar
rest by a trusted prisoner who has been
detailed as an extra wafehman on the
tier where ThaW'S cell is located. One
purpose of the surveillance is said to be
to catch as much as possible of what IS
said a his talks with his visitors It is
not known who set the watch upon him
as the prison warden refused to discuss
the subject.
The allegations on which the re-
straining writ was issued state that as
Thaw had been indicted by the grand
jury it is Illegal for the district atloJ-
ney to issue grand jury su5poenas
and to obtain further evidence for the
pear at the district attorneys Office in
answer to the subpOenas. The ap-
plicaton for the writ contains the fol-
lowing allegations:
For the purpose OF preparing the
case for trial subpOenas are made by
the district attorney addressed to wit
nesses requiring them to appear and
( testify before the grand jury in an in
vestigation before al. These sub
pOenas are not made for the purpose
of procuring any new indictments for
the killing of Stanford White. but for
l 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 be-
fore the grand jury and the deposit
tions 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 deposit
tions against the defendant has been
chiefly entrusted to Assistant District
Attorney Garvan and from time to time
interviews published purporting to come
from him have appeared in the public
press in which the intent to take the
dispositions before the grand jury for use
against Harry K. Ths.w at his trial has
been plainly stated"
Mr.. Gleason served a copy of the order
upon Acting District Attorney Smith
who said that probably the district at
torney would ask for an adjournment
tomorrow when the application is re-
turnable in the supreme court.
After her visit to the Tombs today
Mrs Harry K. Thaw went to the office
of w NJ. K Olcott the lawyer. who had
previously acted as Thaw's counsel, but
who was dismissed a few days ago by
/ Thaw.
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 District Attorney
Jerome. This report also declares that
the purpose of the espionage is to aseer-
/ tain whether or not ThaW is sane