Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-01-01
DECLARES HE is SANE
ThaW, in Tombs, Enraged at
AIienists' Report.
GAINED BY WIFE'S WORDS
Commission May Be Called to Deter
mine Mental Status.
PREPARING FOR THE TRIAL
Mrs. Thaw Declares Her Mother is
Not Coming to New York to Aid
District Attorney Jerome.
PREPARING FOR THE TRIAL

McLane Hamilton that he is insane, and
he was denouncing the distinguished alien
ist to the Tombs keepers when his wife
arrived yesterday afternoon.
do l look insane? Am I craZy?" he
cried. Mrs. Thaw, who has the power of
controlling her, husband with word and
look told him he was the sanest man In
the Tombs; and he felt better.
81 know l am sane" said Thaw. and
will prove 1t to any man who Is not paid
for contrary opinion
Thaw cannot understand what there is
In his physical appearance, mental opera
TONS speech, manner or anything else
about him that could possibly give the sug-
gestion that his mind is unbalanced.
Dr. Hamilton and DR.. Charles L. Dana,
representatives of Black, Olcott, Gruber
& Bonynge, were convinced that Thaw was
not sane when he shot Stamford White,
was not sane when they examined him In
sane, even though there may be periods
during which he will appear rational.
Doctors Were Overruled.
If Drs. Hamilton and Dana and Judge
Oclott had been allowed to carry out their
plan of defense Thaw would now be in
sanltarium under restraint. 1t would not
be surprising if commission on lunacy
is appointed shortly after the trial of Thaw
begins on January q, to determine his
sanity.
Thaw and his mother have dominated
the lawyers in making preparations for the
defense and have placed an embargo upon
using any form of insanity of a permanent
character as an excuse for the prisoner.
There has, however, been SO much talk
about Thaw's mental condition that 1t is
said District Attorney Jerome, though he
has not the to take initiative
in having a commission in lunacy appoint
ed. will suggest in open court the advis-
ability of establishing the sanity Of the
defendant before any evidence is taken to
establish the crime.
Court Could Order Inquiry.
A supreme court justice, upon the submits
sion of the necessary proof. even without
the consent of Thaw, can order an inquiry
made into his mental state in order that
there may be no mistake. If any proceed
ing such as is contemplated by Mr.. Jerome
is taken and the lunacy commission, which
by law must consist of lawyer, doctor
and a layman, finds that Thaw is sane and
competent to go to trial. it is believed in
the district attorneys office his defense,
whatever it may be, will be weakened.
1t Is pointed out in the district attorneys
office that the only statutory defenses to
murder are self-defense and insanity and
the belief that Thaw shot White while de-
Tending his own life.
1t is admitted in the district attorney
office that man has the right to defend
his home, wife and children, even to the
extent of taking the life of a human being,
but it must be under circumstances show
ing their lives to have been in danger at the
time. There is no way" said an assistant
district attorney, ''in which any evidence of
the relation Of Evelyn Nesbit Thaw to STAN
ford White except on the very night Of the
tragedy can be admitted at Thaw's trial. ex-
cept as part of plea of insanity and as in
citing cause Of his disturbed mental state.
Testimony of Mrs. Holman.
When Thaw made an application In court
recently for the appointment of commits
sion to take the testimony of Thomas Nc
Caleb, who was an eyewitness of the
shooting, Mr.. Jerome consented to this pro-
ceeding with the proviso that he should
have the privilege of examining Mrs.
Charles J. Holman, the mother of Evelyn
Nesbit Thaw, in Pittsburg. This bomb
caused CONSERVATION in the Thaw camp
and his lawyer abandoned the testimony
commission.
efforts to obtain the evidence of Mrs. Hol-
man, and it was said at the criminal courts
building yesterday that he has been noti-
fled she will be here at the time of the
trial. This was confirmed by dispatches
from Pittsburg, in which Charles ]. Ho-
man said he, Mrs. Holman and his step
son. Howard Nesbit, protege of Stanford
White, would go to New York and give
valuable documentary evidence in their pos
session.
Mrs. Holman, it is said, received many
letters from Stanford White since 1902,
and those which were received after Thaw
met Evelyn Nesbit, it is said, will illumi-
nate the circumstances attending the roof
garden tragedy. Mrs, Holman with
her daughter and Thaw on the European
trip preceding their marriage at the home
of Mrs. William Thaw in PittSburg.
Notice of an application was served yes
terday upon Clifford w. Hartridge, of
counsel for Thaw, to be made In the SUI
preme court, criminal branch, for the Sc
lection of a special panel of 200 jurors to
try Thaw, which is the first forward step
to the trial set for January 81 The spe-
cial panel Is made up of about 5000 men of
standing in the community who have al
ready been examined as to their qualifica-
tons and have stated under oath they
have no objection to capital punishment in
a homicide case.
Mrs. Thaw Denies Rumor.
Evelyn Nesbit Thaw, wife of Harry K.
Thaw, has declared to the American that
her mother, Mrs. C. ]. Holman of Pittsburg.
is coming to New York. but not for the
purpose of testifying against her husband.
IF District Attorney Jerome said that my
mother and Other relatives are coming TO
New York voluntarily to assist in the prose-
cution of my husband, said Mrs. Thaw,
The tens an untruth
at is terrible to think that poor Harry
is now in the Tombs,'' said the wife; but
as | am certain he will be acquitted know
that next New Year eve we will be making
merry with friends. either here or
abroad, as we did last year.
Despite all rumors to the contrary, my
mother and l are on the best of terms. and
she certainly would never come to New
York to voluntarily testify against my hus-
band.
Il have heard from my mother, who is,
YOU know Mrs. Charles ]. Holman, re-
Gently. and she has told me that both she
and her husband, with my brother, Howard,
will leave Pittsburg in time to arrive here
for the beginning of the trial on January 81.
A Poor Letter Writer.
ut is true that my mother and I don't
write very often to each other, but that is
because we were always poor letter writ
ers and am so busy and preoccupied with
my work in the preparation of my hus-
bands defense that l have but little time
to myself.
I'm fact" said Mrs. Thaw, pathetically,
as she brushed a curl away from her brow.
"if | were to worry over the many petty
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