Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-01-22
INSANITY THE PLEA
LINE OF DEFENSE IN CASE OF
HARRY THAW.

NEW YORK, January 22.-There was no
need for the actual appearance In court
yesterday Of Harry Thaw. The unexpected
dragging out Of the Hilgert trial made it
certain that his case could not be reached,
and the proceedings were entirely formal.
The talesmen to the number Of 200 had
been summoned and the only business
which could be transacted was to adjourn
the murder case to another date, tomorrow
being set and to call the roll Of the special
panel. Thaw had to appear as a mere
formality, and if the court excused him
the exigencies OF justice were in every way
met.
In the afternoon the Countess Of Var
mouth and Mrs. George L. Carnegie Wis
tied Thaw in the Tombs and later a coun-
Gil was held at Mr.. Hartridges office, at
which all the lawyers retained for the de-
Tense went over their course of action with
his relatives.
1t Is believed that the line to be taken
will be resort to the emotional insan-
ity' argument. 1t will not be contended
that Thaw Is insane now or that he was
justified by any such pigment as the IN
written and non-existent law. But 1t is
hoped that by showing that his victim
had given him great provocaton 1t may
be proved that at the moment OF the muir
der he was SO carried away by his feel
ings that he was not responsible for his
actions. -
Howard Nesbit a Witness.
An important witness to combat any
such theory came to town from Pittsburg
yesterday in the person of Howard Nesbit.
the brother OF Evelyn Nesbit Thaw. His
statement has been taken in full by the
district attorney. and he will be held in
reserve to give evidence :. in rebuttal in
case the defense raises the plea OF justIfl-
cation. It was he whose education was
paid for by Stanford White. and it is be-
lieved that he can show that whatever
relations White had with Mrs. Thaw there
was no justification for Harry's jealousy.
During his stay In New York he is being
looked after by the White family.
Throughout the preparation for the trial
q frequent visitor to the district attorneys
once has been Mary n. kellogg OF 1873
East seth street. She is better known as
May Kellard OF the Door of Hope" fame.
and has been mixed up in other well-known
cases.
She has persisted that she knows great
deal about Thaw, but yesterday the dis
trict attorney tired OF her tales. She was
taken before Magistrate Baker in the
Tombs court and sent to Bellevue for ex-
animation into her sanity.
The principal Witnesses for the state in
the case Of Harry X. Thaw, who will 70 On
trial tomorrow for the murder OF Stanford
White. had their final secret conferences
with the district attorney and his assistants
today. Nearly all the witnesses who are
expected to testify against Thaw have been
reached by subp0ena. and were ca hand to-
day. They were taken to the conference
room separately, and each was questioned
with the purpose OF learning just what tes-
ttmony may be expected when the witness
goes ON the stand.
Thaw passed quiet night In his cell. and
was up early IN anticipation of q long ses-
SION with his attorneys. and the customary
daily visits from he wife, Eaothsr and sis-
tsSD.