Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1906-07-13
MAY Alter plans
FOR THAN. DEFENSE
LAWYERS UNABLE TO GET EVIL
DENcE TO JUSTIFY EMO
T1oNAL INSANITY PLEA.
MYSTERIOUS AFFIDAVIT
CAUSING MUCH WORRY
Counsel for Slayer of White Deny Ex-
istence of Document-Big Sum Is
Paid to Widow by Insurance Com
pany.

New York, JuH 9.-Intimations are
heard that the defense may have to
change it's present plans in the fight
tor the life Of Harry X. Thaw, charged
with the murder of Stanford White,
and instead of trying to prove emo
tional insanity will ask for the ap-
pointment Of commission to ascer-
tain If Thaw is sane.
This sudden contemplated change, It
Is said, has been brought about by
the complete failure of counsel for
Thaw to unearth any real evidence
that White had sought to renew his
relations with Mrs. Thaw after her
marriage. In fact, former Judge Oh
colt admitted that no evidence Of that
character had been found. Unless
such evidence can be found it robs
the defense Of any chance to plead
justification or emotional insanity
brought on by the fact that White
was seeking to renew his former re.
lations with Mrs. Thaw.
The defense realizes that it could
not make a strong plea for justifica-
,tion because of any relationship that
may have existed between Stanford
White and Miss Evelyn Nesbit before
the Thaw marriage.
The revelations that Thaw had en-
ployed many detectives to shadow
| White for many months robbed the de
Tense again in the plea OF justifca-
ton.
Affidavit Causes Worry.
The question OF the existence of the
| affidavit said to have been made by
Miss Nesbit at the instance of White
is causing the defense no end of wor-
ry, olcott again denied that such an
afi1davit was made or that 1t had been
signed. The denial Of the defense is
thought by some to have been made
for the purpose of bringing out just
how much information the prosecution
has on this important document. 1t
is admitted the original affidavit has
been destroyed, but Assistant District
Attorney Garvan says significantly:
II will neither deny nor affirm that
such an affidavit or copy Of 1t is in
existence now. But would go very
slow in making an emphatic denial
that such an affidavit can be produced
at the proper time. That is all that
will say about the matter"
The prosecution will build it's whole
case against Thaw on either the copy
Of this affidavit or information CLEANED
from the attorney who was with Miss
Neshit when 1t was written.
Mrs. Thaw visited her husband Sat
urday at the Tombs prison. Little oil
interest developed in the visit. Coun.
sci for both sides are examining in
formation that is being gathered OF
the case. Lawyer R. 3. Peck, repre-
senting former Gov. Black, of the firm
which will defend Thaw In his trial
was also an early caller upon Thaw
He went over Thaw's morning mai
with him and carried away from tn,
| Tombs four or five Of the letters which
Thaw received.
Peck asked Warden Flynn not t,
allow any Of the women missionaries
about the Tombs to talk to Mrs Thaw
and the warden promised to do so
saying that the missionaries had NJ
right to interfere in a case wher,
| charity was not needed.
$149, 900 Policy Paid Mrs. White.
A policy calling for $4,000 on tn,
life Of White was paid to Mrs. Writ,
by life insurance company. There
are several other policies payable Il
other beneficiaries ON which no claim
has been presented as yet. These poll
cies are Of face value of s65,00O
but as White was in poor health whel
they were taken out he signed con
tracts STIMULATING that only certain
proportion of their value should b
! paid If he died within certain time.
1. Thaw's bullet cut short his life with
in the time set. and the beneflciarie
will get about $4,000, 1t is said.
| DR.. Allan McLane Hamilton, TIN
alienist who has been retained by th
defense, spent nearly two hours witt
Thaw. Upon leaving the prison h
said that he had examined Thaw a
the request of counsel for the de
tense. He would say nothing, how
ever, regarding the result of the ex