New-York tribune., 1906-07-25
TWO COURTS FOR THAW
WILL FACE TRIAL IN ONE.
Mother for CiuH Action to Haze
Him Adjudged insane.

will go before jury OF his peers ON trlaA tof iAa
life. All efforts of counsel for Mrs. William
Thaw to have him adjudged insane have met
with failure. and the insanity plea will be elini-
mated from the case Thaw has won his way
after weeks of constant effort in which he went
So far as 20 dismiss his former counsel, Black
Olcott Gruber G. Bonynge, and substitute new
counsel, who followed his instructions.
While il can be positively said that there VIII
be a trial. and the District Attorney is pleased
at this outcome, strenuous efforts VIII YET pe
made 20 obtain a commission 70 adjudge him IN
sane IL is learned that ex-Judge William Nj h.
cleott the personal counsel of Mrs. William
Thaw, will make efforts in the near future 70 oo-
tain the appointment of such a commission
Such application will not be made before the
criminal courts but in the Supreme Court in q
civil action Mrs William Thaw, it can be said,
has decided not TO meddle further with the Grim
inaI end of the case. She has tired OF trying 20
induce her son to allow such action ana mas
given positive orders 10 her personal counsel
that an insanity plea be brought before the
Supreme Court and will, in a civil proceeding
apply for a commission. This, II IS sald Will
tablish a situation which is absolutely new.
so far as lawyers know, in Jurisprudence.
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 Supreme Court in q civil ae-
ton while criminal proceeding in the same
case is pending in another court If the Su-
preme Court should declare Thaw TO be insane.
after appointing such commission, it is then
up to the inferior courts to pass on such rec
ommendation 1t is natural TO suppose that the
lower courts will recognize the ruling of the
higher courts but in this case. IL is said. there
will be absolutely nothing to cause them 70
do so.
District Attorney Jerome. it is known is un-
alterably opposed 20 the insanity plea. He win
make objection and will fOrtify his position by
the reports Of his three alienists. DR.. Austin
Flint DR.. Carlos z. Macdonald and Dr. Mabon.
who have declared Thaw, after an examination,
20 be sane. Aside from this Clifford w. Hart
ridge, counsel for Thaw. will work with the Dis
trict Attorney to prevent the appointment OF
such a commission. and will offer as hts evf-
denee the fact that there is no report in exist
ence showing that Thaw is insane.
1t is true that DR.. Allan McLane Hamilton,
one OF the alenists employed by the defence.
has made a preliminary report declaring, in his
belief Thaw to be insane. but no final report has
been made, and the defence need not obtain
such report unless it decides TO use il on trial.
With DR.. Hamilton's testimony eliminated, there
would be nothing to show that Thaw was in
sane, and all evidence being against such con-
doubtedly be denied by the inferior courts This
would make Thaw's trial by jury absolutely
necessary and do away, once for all, with the
insanity plea.
1t was learned yesterday that Mrs. William
Thew. despite the idea that she controls entirely
the pursestrings which will regulate the case OF
her imprisoned son, has nothing whatever to do
with his income. Under the Will Of William
Thaw. Harry Thaw was left $4,000 year.
when ne reached thirty-flve years Of age. He
objected strenuously 10 this decree. receiving
only $500 meanwhile. and finally the family,
listening 70 his objections. met In council and
voted to allow him to enjoy the larger income
from that time. Thaw, by this vote. received the
$4,000 income and still receives it. and there
is no power whereby his family can deprive him
of It, His situation. It said yesterday. Is
exactly similar TO that of a we'll known resident
OF New York Tho in his fathers will was cut
off with a small amount. He opposed the WILL
however, and the family to avoid Ntigatlon'
allowed him several million dollars forthwith
which he received. In that case, also the re-
cipient can in no way be compelled to give UP
the money.
THAW DOES NOT NEED MOTHERS AID.
BY the fact that young Thaw has his full in
come plenty to support himself and wife. as
well as pay for his trial, the question TO
whether or not MS motner WOuId give MIN
money for his defence is done away with.
1t was learned yesterday that neither Mrs.
Evelyn Nesbitt Thaw Mrs z. j. Nesbitt-
Holman her mother. will be witnesses at the
pending trial. Mrs. Thaw, the wife Of the
prisoner, cannot be forced TO testify. Mrs. Hol-
man. It is understood. will refuse 20 leave Pitts
burg to come to New York. and there is no
power to compel her TO do So
It developed, from source absolutely authen-
tic, that the statements which the defence has
been making showing that Evelyn Thaw was
taken care Of by Stanford White while at Pomp-
ton, N. J., are untrue Instead. 1t was learned,
we'll known man sent her TO Pompton to school
20 avoid unpleasant notoriety during divorce
suit. While there she was ILL., and an operation
for appendicitis was performed. While i'll, it is
said Mrs. Holman. the girls mother. asked Mr..
White TO care for her. and he did so. in far as
sending her TO Europe with her mother was con-
cerned, in order that she could recuperate II
while in Europe that Evelyn Nesbitt met
Harry Kendall Thaw and the romance which
ended in the tragedy began. The fact that Mr..
White In way connected with the girls
being in New Jersey was corroborated yesterday
from several sources and is point for the prose-
cuticn.
Rumors current yesterday that Evelyn Thaw
seeking evidence which to obtain di-
vorce from her husband. which plans were only
interrupted by the murder, were emphatically
denied by Mrs. Thaw. She asked about the
rumors while she was calling on her husband
and in an indignant manner replied:
wish you would contradict, as being abso-
lutely impossible untrue and absurd. the report
that have ever contemplated, or am now con-
templating, asking for divorce. There is not a
grain Of truth in it. / never thought of such a
thing, and have such idea in view now.