The Montgomery advertiser., 1906-07-20
GIVES UP ALL
 THAW PAPERS he Proceedings Against
 Judge Olcott. PARTRIDGE IS VERY ACTIVE Says Previous Demands Were Made
 on Former Counsel. old Firm Declares Tkat They Have No Anxiety to Enter Case and Cheer- fully Reiinaui.h the Decu-
 ments.
PARTRIDGE IS VERY ACTIVE

l 2 New York. July 1s.-The order se- cured by Clifford w. Hartridge. per- sonal counsel to Harry Thaw directing the firm of Black, olcott. Grueber and Bonynge to show cause why it should not turn over the papers in the Thaw case to MT. Hartridge, was 1t is stat ed, served last night.
 IL appears that despite it's dismissal by Thaw that the Olcott firm has re- tained nearly all the papers fin the case and has not responded to the re- quest made by Mir Hartridge and some of the other lawyers associated with him to give them up. The result has been that Mir Hartridge has not been able to do much work on the case.
 In asking for the order yesterday, Mir. Hartridge presented three affida- wits One of these was made by Thaw himself. In 1t he ayers that at the beginning of his case he retained the Oicott firm as his counsel. but that he has since dismissed it. It has certain papers necessary to the defense of his case. Mir. Hartrldse Is now his counsel and he has been informed that the Olcott firm has refused to sur- render these papers upon demand of his counsel and that they are still in that firms possession.
 Another affidavit is made by Mir.
 
 Thaw's counsel and that immediately after being engaged as such. he wrote letter asking MT. Clcoft to give him the pTpnrs in the case. This request was made on Saturday. A few unim- portant papers were turned over on Monday. The request was mado again. Mir. Hartridge said that Mfr. 0lcott and his associates put him of and that he has hecn unable to get any satis- faction out of them.
 Asked For Papers.
 A R. Peabody, Hartridge's partner, makes affidavit io the fact that he called twice at Mfr. Oicotts ofice and could not get any satisfaction or see the persons who 1t was said had the papers. The last demand was made on
 The order directs the ofcott firm to show cause tomorrow morning spe- cial term. part 1, of the Supreme Cotft. why the firm should not turn over all the papers asked for to Mr. Hartridge.
 Apparently Thaw's new lawyers have entered into q determined fight against Mir. Olcotf and Mfr. deIafield, who are now acting for Mrs Thaw. Tn this matter they have the sanction of their client Mrs Thaw and the lawyers on her side. 1t would appear. have decided to Ignore Mir. Hartridge and his. associates altogether:
 It was the opinion reply which the Olcott firm will make to the order tomorrow will show just how the lines are drawn. It was also pointed out yesterday that until lawyers are paid. they have lien on the papers in q case. 1t could not be ascertained yes- tarday whether Thaw had attempted to settle his fees with the lawyers whom he had dismissed.
 fsliff0rd " HarfrfdQa. counsel fop Harry K. Thaw and the prisoners wife. Evelyn Neshit EThaw, held conference with Harry K. Thaw in the Tombs pris- on today.
 The application of John D. Gleason. of Thaw's counsel for an absolute writ prohibiting District Attorney Jerome from examining witnesses under sub DO sna In the Thaw case came up for argument before Justice Mclean to- day. Counsel for both sides declared they were ready to proceed
 Argument Of the writ of prohibition was heard promptly At It's conclusion Justice Mclean reserved his decision.
 No InqmfsltinaI Powers.
 Tn his argument in support of the writ, John D. Gleason based his appli- cation on the grounds that the grand jury has no inquisitional powers and that under the State constitution Thaw has the right to be present whenever the testimony of any witnesses Is sought to be taken against aim and to exati iine the witness.
 William K. Oicott. the lawyer who was dismissed by Thaw and ordered by the court to show cause why he should not surren fer the papers in the Thaw case to Thaw's new counsel, Clifford w Partridge said today that the pa pers will he surrendered to Mfr. Hart ridge this afternoon. MT. Oicott said that when he received the notice of dismissal he ordered the papers col iected in preparstion for surrendering them but the work of sorting them had heen delayed by his absence. cohtin- uing he said:
 court. think. for the reason that thee will be no occasion for such an appear ance. I do not wish to appear inimi- cal to the attorneys for Mir. Thaw be- cause I don't feel toward them in that way"
 Thaw's wife, after visiting him in he Tombs today drove to the of1ice of her husbands personal counsel, Clifford w. HartridGe. for whom she dictated a ionr statement, giving history of her fife since she has been in New York Mrs Thaw gave such statement Co Win. K. olcott. formerly of Tha S's counsel shortly after Thaw was arress-
 William K. olcott. latestoday turned ovsr to A. R. Peabody, representing clifford w Hartridge, Thaw's personal counsel. all the papers he had bearing o, tbe case. with the exception of lcs- ters written to Judge Olcott by Lewis [, Delafeld and reports of detectives made to Judge Olcott, after Architect white was killed. sThe reason, nc ssid for retaining the detectives re- norts was that there Is question in his mind, as to whom they belonged, to Thaw or to the person who paid Tor them.
 .n .unnn.