Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-07-21
THAW MURDER CASE
QUESTION OF COUNSEL AGAIN
UNDER DISCUSSION.

NEW YORK. July PA conference OF
Mrs william Thaw. mother OF Harry X.
Thaw; Evelyn Nesbit Thaw. his wife. and
Mrs. George l. Carnegie. his sister. with
Harry K. Thaw was held in his cell In the
Tombs prison today.
The mother and sister were the first to
arrive and were talking with Harry when
the younger Mrs. Thaw arrived.
1t was reported that the question Of coun-
sci was again under discussion.
At the same time that 1t became public
in New York yesterday that Harry Thaw
had been reported insane by alienists en-
ployed to make preliminary examinations
by w. NJ. K. O,cott. 1t became known that.
although without direct cooperation friends
of Stanford White are on the side OF the
mother OF the prisoner In her effort to settle
the case without the necessity OF trial.
Still far apart are the divergent interests
in the case. Thaw, his wife and Mr.. Hart
ridge, his personal counsel, are all for
trial where either justification on the plea
of the "unwritten law" or emotional, insan-
ity is to be the defense. The district at
torney believes the ends of justice would
best be served by a trial.
Mrs William Thaw and the f1rm OF Blach,
Olcott Gruber & Bonynge Which she sim
retains, although the engagement Is not rec
ognized by her son, are against trial. MIS-.
Thaw has set to herself the task of bring
ing her son to her way of thinking IN the
matter of retaining the Olcott nrm ana ac
cepting the advice regarding the plea OF I'm. IN
sanity Thus far she has gained uttlo
ground and her failure has not served to
Increase the cordially of feeling between
herself and her daughter-in-law, who Is
supporting her husband in his position -
May Seek Guardianship.
Should other resources fail. 1t was SAID
yesterday that the elder woman would APP
ply to the courts for an appointment as hei
sons legal guardian on the GROUND 'ha'
he was mentally unable to take care OF MIN
self She would thus become conihi''ee
of his person and estate and nave the risit
to take any steps she might deem 10 h'7
advantage.
After her first visit to the Tombs, where
she was awaited by curious crow
Evelyn Nesbit Thaw accompanied w.
Hartrdge to his Offices, where sne spen,
several hours adding to and revising 1ormai
statements she has made to her husDano
present counsel. In this connection II pe-
came known yesterday that the young W.
man resented the fact that detectives mao
been employed to verify certain portions
OF the two preceding statements she mace
to Mr. OIcott and Mr. Delafield. She con-
sidered this a reflection on her honesty,
which caused her to look compiacentiy
upon the change her husband mace IN ms
lawyers 1t is reported that certain ma
teral facts in her previous declarations
were not confirmed by the investigations'
and that young Mrs. Thaw became IN
dignant when questioned about the as
crepancieS.
On the application of Terence j. NC
Manus, acting for Mr. Olcott, the order
sought by Mr.. Hartridge directing Mr.. Oi,
colt to turn over to the other lawyer an
papers bearing upon the case was laid over
until Monday. Mr.. McManus explained
that his firm had given over all the docu-
ments material to the case, but that MI.
Olcott did not intend to surrender private
communicat lions from lawyers and alienists
relating to Thaw'S sanity. These reports
had been made to Mr.. Olcott personally on
the direction of the prisoners mother.
Briefs on the Writ.
Briefs were handed to Judge MacLean.
who also sat in the case OF the surrender
of the papers, by Assistant District At
torney Taylor and John B. Gleason OF
counsel for the defense on the writ Of pro-
hibition sought against the grand jury and
the district attorney to estop them from
further investigation Of the case, -sr
Following the preliminary report when
yesterday was said to have pronounced
Thaw insane, the aIienists engaged by Mr..
Olcott are continuing their work and are
getting mass of material suitable fer evil
dence to show the prisoner is not mental
ly responsible. Dr. Allan McLane Hamil-
ton and DR. c. L. Dana are the chief ex-
perts, and they are being aided by others
in New York and other cities.
In this connection it was announced that
E. J. Lichtenwalner. former district at
torney of Allentown, Pa. who has written
an exceptionally strong brief on emotional
insanity and is considered an authority on
the subject. has been retained.
1t Is understood that in line with the
new policy of the defense in pleading JUS
tification Mr. Hartridge will make public
within the next few days facts that have
hitherto been unrevealed bearing upon the
case and tending TO show the tension to
which Thaw had been wound up by the cir
cumstances N which he labored. 1t is be-
lieved the pubiica, ion of these excerpts
from the evidence which the defense has
collected including portions of the secret
statements made by the wife of the prIs
oner, will go far toward bringing public
sympathy to his cause, which is consider
ed highly desirable objective by his coun-
sci,