Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-02-16
THAW WANTS NO
LUNACY BOARD
Instructs His Counsel to do Ev-
erything Possible to Prevent
Its Appointment.
THEY WILL FIGHT IT HARD.
District Attorney Expects 70 SHOW De-
PENDANT Was Perfcctuiy Sane on
Night of June 20.

New York, Feb. 16.--F'uneral services
for Mrs. Joseph b. Bolton. wife OF one
OF the iurymen in the Thaw trial. will
be held today.
Arrangements have been made for
the presence OF police reserves about
the Bolton home to guard against the
intrusion OF curiosity seekers.
Juror Bolton is bearing up well un-
der his bereavement, and DR.. ii. II.
Tinker. his family physician. telephoned
the district attorney last evening that
Mr.. Bolton would be able 10 take his
place with the other II jurors on
Monday. All doubt as to whether the
trial was to continue or was 10 end in
Il misterial Was thus practically dis
PEELED.
Thaw had a long conference yester-
day with A. Russell Peabody, one OF his
counsel, regarding the reports that
Dist, Atty. jerome was paving the way
to apply for - commission in lunacy,
Mr.. Peabody said Thaw expressed
wish that his counsel should make eve
ny possible effort to prevent the APP
pointment of a commission. This, Mr..
Peabody said, would be done.
Counsel for the defense" said Mr.,
Peabody. will fight in every way pos
siblc any attempt that the district at
torney may make for the appointment
of such a commission.
The names of two new witnesses who
are likely TO be called TO testify, should
the trial be carried 10 a conclusion
have been made public. one is Dr.
Francis l.. Patton, formerly president
of Princeton university, and now presi-
dent of Princeton theological heminary;
the other is Or. Frank T. Mcclure, the
Tombs physician. The former will APP
pear for the defense, while Or. Nc
CURE, il is said, will appear for the
prosecutions Both are expected TO give
important testimony regarding the pris-
oner's sanity about the time OF the
tragedy.
Through DR.. Patton the defense hopes
to get in evidence a letter written by
the prisoner soon after his arrest II
is the convention that ii this letter Is
admitted in evidence il will have a
great bearing on showing the condition
of Thaw's mind right after his arrest
in regard to the killing OF Stanford
White. ThaSN's lawyers refused yes
terday to make public this letter. 1t
" as written from the Tombs in the
period whep Thag, according TO the
testimony OF DIR. Briiten D. Evans. was
insane Lawyer Delmas feels that the
letter will be competent testimony TO
corroborated DR.. Evans testimony thar
Thaw was not OF sound mind in All
gust. about two months after the shoot
ing. 1t is recalled that DIR. Patton
called on Thaw in the Tombs III the
summer a.
Through DR.. Mcguire, it Is stated the
district attorney expects TO lay the
Foundation for the opinion of alienists
that Thaw was sane on the night OF
June %, when he killed Stanford White:
The Tombs physician is said 10 be OF
the opinion that Thaw, when he Killed
White, knew the quality of the act ana
knew the distinction between right ana
wrong. hut his value to the state as
witness lies in the long observation that
he has had of Thaw and the data ne
has given the district attorney, Which
will be recorded at the trial in ms
evidence. During the eight months tnat
T'haw has been in the Tombs. Dr. NC
Guire has seen him many times and
always with a view of making an obser-
walton of his mental state The physi-
clan. IL is said has kept a careful record
OF Thaw's appearance, words, actions
and the moods, and is prepared TO give
every detail of the prisoners life in the
Tornbs since June 20. Even during
the night, II Is said. while Thaw has
bene asleep. he has at times been UNI
der the observation of the doctor. who
found that the prisoner slept quietly
ana never had any nightmare or dis
turbance Of sleep. such as are noted IN
An Interview is published today With
Mrs. j. j. Game, the intimate friend
OF Evelyn Nesbit Thaw. who is TO be
witness for the defense to combat the
testimony favorable to Stanford White,
which. Il is anticipated, Howard Mes
bit win give If sworn as witness for
the state.
Mrs. Caine Is quoted as saying that
she had heard Harry Thaw ask Evelyn
Nesbit's mother for her hand at the
time the CIR! was at school at Pompton;
\. j.. accompanying the proposal OF
marriage with a promise that II Eve
lyn became his wife he would. on the
wedding day, settle on Mrs. Holman,
then Mrs Nesbit, 100000 or more The
mothers answer to this, she said, was
that she would try her best To per-
suade Evelyn Nesbt 10 accept Thaw.
Mrs. Game says she was hidden In
Mrs, Holman's bathroom. where she
was hurried when Thnw's coming was
announced. when the proposal was
made.