The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-06-29
LINE OF DEFENSE.
Thaw Will Enter a Plea Of Emo
tiOnal Insanity.
If Justified, This viii Free Him
of Murder Charge.
WHOLE EHIDEOUS STORY
Of Whites Life and Relations to
Slayer's Wife
Will Be Brought Out by Defense
at the Trial.

4
insanity" the basis of the fight for the
release of Harry K. Thaw. in Jail in-
dicted for tie murder of Stanford White,
set at rest the speculation of this poiat
today. 1t will not be claimed that the
young man is insane now. Such plea
would mean a sentence to the asylum
for crir al insanity at Mattaewan.
This new line means trial and If the
plea of emotional insanity is justified
| ThaW will be a free man. The defense,
it has also been announced, intends to
bring out the whole story of Whites
life, of his relations with Evelyn Mes
bit before she married Thaw and OF his
subsequent actions, which the defense
claims, annoyed Mrs. ThaW and goad-
ed the husband on to the shooting.
Mrs. Thaw will be a witness for her
husband at the trial. She declared her
willingness to tell all she knows.
Thaw's action in telephoning Anthony
COmstock yesterday aroused much IN
terest. Mr. Comstock in an interview Is
quoted as saying that he is willing to
appear for the defense If called upon,
and give evidence as to Whites conduct.
About a year and half ago." said Mr-
ConstOck "ThaW came to me and COM
plained about Whites action After MS
marriage he came to me many times.
He saw me again about two weeks be-
fore the murder.
LAS to Thaw's purpose in furnishing
me with this evidence against White L
firmly believe it was prompted by the
purest motives. don't mean that ThaW
thought White should be murdered, but
that he should be taken out of the COM
munity by legal process and put in
prison
The strain of yesterdays proceedings
seriously affected Mrs. Thaw. She had
hardly reached her apartments when
she tainted and it was necessary to call
a physician to revive her.
Cell Was Hot.
Thax has had several unpleasant ex-
periences with prison discipline since
his confinement in the Tombs but his
keepers say that on each occasion he
has met them gracefully. He had con-
siderable difficulty in getting to sleep
last night because of the intense heat
in his cell and about midnight called
keeper and asked permission to walk in
the corridors.
I'm used to night air, you know, and
this is pretty hard on me-" said the
prisoner in making the request.
Pm sorry, but the regulations forbid
prisoners leaving their cells during ae
night" replied the keeper.
seThen I guess I don't walk COM
nented Thaw as he returned to his cot.
an hour later e told the keeper he
was hungry and asked for a lunch but
again the regulations were called to mis-
attention.
.'Then / don't eat either" said Thaw
with smile and a few minutes later he
was sound asleep. He was up early this
morning and by the time the gong
sounded at o'clock was ready for the
morning exercise in the corridor Talk
ing to one of the keepers about the ex-
ercise he got in prison, he said it was
hardly enough for him as he had been
in the habit of swinging Indian clubs
every morning when he first got up.
He asked If It would not be possible for
arrangements to be made for him to
have either a pair of clubs or dumb
bells brought to him that he could get
more exercise.
Not on this tier" was the keepers
diplomatic way of informing Thaw that
prisoners charged with murder are not
allowed to have weapons of any kind or
anything else with which they might
possibly do themselves or others an
injury.
Pleads Not Guilty.
While waiting for the opening of
court Thaw sat near an open window
in the Bridge of Signs which connects
the prison with the criminal court
building. He talked freely with news
paper men and others during his brief
stay but declined to say anything
whatever concerning his case. He ap-
peared to be in good physical condi-
ton and said that he slept fairly well
last night.
How do you ind the beds?" Thaw
was asked.
well he replied. "they are not
just what I've been used to, but
guess III get accustomed to them"
Thaw was taken into Justice Cow
ing's court, where he was to plead to
the murder charge. behind three other
charged with larceny. He was dressed
in the same grey suit he wore yester-
day with a white shirt and collar and
a black bow tie. His appearance was
very little different from that of yes
terday except that he was slightly
paIer He stood with his back to an
open window at the north end of the
court room and chatted to a court
officer while the other prisoners were
being arraigned. When his case was
called Thaw stepped briskly to the
barrier inside of which his counsel,
were sitting at table with Assistant
Attorneys Garvan and Mott.
When Clerk Tenny read the charge
of murder in the first degree for the
killing Of Stanford White, he asked
Thaw what he had to say in regard
to the Indictment, and the prisoner
answered distinctly mot guilty.
His counsel Immediately interposed
an amendment to the plea, asking of
the court leave to withdraw the plea
any time up to next Tuesday. This
was granted and a moment later the
prisoner was away from the bar and
re-entered the prison
Cool All the Time.
Thaw was remarkably cool and col
lected during his visit to the court
room and prior to that ordeal. when he
sat for a time in the Bridge of signs
He was under the watchfuI eyes of
several policemen and prison keep
ers. but apparently he was unaware
of their continuous scrutiny of his
every movement. His face was paIIEd.
but his eyes were bright and every