Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-09-29
ANXIOUS TO TRY CASE
ThaW's Counsel Working Now
for Speedy Trial.
WILL ASK FOR A TRANSFER
To the Criminal Branch Of the Su.
preme Court.
SPECIAL PANEL OF TALESMEN
Prisoners Lawyers Nay Ask for Ap-
pointment Of Lunacy Commission
Next Wsek-Insanity Plea.
SPECIAL PANEL OF TALESMEN

Special Dispatch to The Star.
NEW YORK. September 29.-Although
the efforts Of Harry Thaw's counsel to get
his case transferred to the supreme court
with the view OF getting speedier trial
failed. 1t IL likely that the district attorney
win now ask that the trial be placed on the
calendar of general sessions as early as
possible and then probably transferred to
the criminal branch Of the supreme court.
Acting District Attorney Smyth said to-
day that q representative OF the district at
torney's ONCE would 60 into general SEES
sions next week and make q motion to
have the Thaw case transferred to the
criminal branch Of the supreme court.
I'VE are anxious to try the case" said
Mr.. smyth. 'and with all four parts of
general sessions and the criminal branch
OF the supreme court opening again on
Monday after the summer vacations, we
hope to reach Thaw's case within the next
three or four weeks
II the case is transferred 10 til. criminal
branch OF the supreme court 1t was said
the trial might be begun some time next
month
A special panel of 200 talesmen will be
drafted from which to select the jury.
+ Thaw has been examined twice in his cell
this week by alienists- retained by his coun
sell and 1t is said the defense will try to
show that the prisoner Is insane at the
present time, whether he was insane at the
time he shot Stanford White OF not. In
case Thaw is proved insane he could not
be tried. but would be confined in Mattea,
wen Asylum for the Criminal Insane untli
he was cured. He might be tried then, ana,
on the other hand, he might not be tried.
II he was forced to spend three or four
years in the asylum the chances are he
would never be brought to trial.
Thaw Submitted With Bad Grace.
1t is expected that Thaws lawyers will
ask for the appointment of a lunacy COM
mission in the supreme court next week.
Acting District Attorney Smyth said today
that such an application would proba bly,
not be opposed by the district attorney 5
Office
But Thaw has submitted to the present
tactics of his counsel with bad grace. He
still insists that he is perfectly sane, and is
anxious to go before jury and tell his
story, believing that any twelve men would
vindicate him and find justihcation IN ms
act of shooting down White In cold blood
on the roof of Madison Square Garden last
June.
II would rather die than go to the
asylunl' ThaW told one of his counsel
when all his lawyers were insisting that he
should submit to an examination.
Thaw's lawyers were convinced from the
first, it Is said. that the young man could
not hope to justify the murder Of White in
court and recognized that plea of some
form of insanity was the only lifesaver for
their client. Thaws mother Joined the law
yers in entreating her son to submit to the
tests of the aiienists and the prisoner only
recently acquiesced in all their entreaties.
The strain In the Taco Of her sons opposi-
ton to her own and the wishes of his coun-
sci Is said to have greatly broken the
mothers health, and when the young
prisoner finally yielded his point Mrs. Thaw
collapsed and has now gone to the noun
tains to regain health
Harry Thaw's wife has stood by her hus-
band through 1t all in support Of his con-
tention that he was sane.
So there Is chance that public whose
curiosity has been aroused to morbidness
and whose appetite whetted for the sensa-
tional by accounts of the ThawWhite af-
fair may be deprived Of the spectacle and
| the story Of the trial and the young pris-
oner quietly hurried away to the insane
asylum.