The San Francisco call., 1907-03-23
ACT MAY ANNUL THAW's
MARRIAGE To EVELYN
Should Prisoner Be Found
Insane the Wedding
Would Be Invalid
PARANOIA INCURABLE
Symptoms of Mental Cloud
Shown by Many Deeds
of the Accused
PARANOIA INCURABLE
SPECIAL DISPATCH TO THE CALL


NEW YORK, March 22.-If Harry K
Thaw should be declared insane by a
commission appointed by the Supreme
Court there would not only be a great
change in his position from legal
standpoint but the action would be
likely to make it certain that the chief
sufferer would be his wife. Evelyn Mes
bit Thaw
Thaw's enmity to Stanford White is
now cited as an evidence that he was
afflicted with paranoia and that this
caused him to kill the architect Inc
symptoms Thaw exhibited before the
brain storm which eliminated In the
killing were manifested. il is now as
serted while Thaw was in Europe with
Evelyn Nesbit before their marriage
and at the time when he lashed her
with A whip. according to the af1idayit
she made in the office of A. II. HummeL
These symptoms OF mental af1iic-
tion are declared by alienists TO be SO
seldom cured that IL may practically
be nut down as incurable. The symp-
toms possiblv were more pronounced
in the period ante-dating the wedding
than between that time and the slay-
ing. Alienists who are ready TO give a
positive opinion that Thaw was insane
when he killed White are equally Ger
tain that his mind was clouded when
he was married
Under the laws of this State luna
tic cannot enter into valid contract Of
any kind. and marriage in law is con-
tract II IL We're shown that Thaw was
insane when he was married any OF
his relatives may have his marriage
annulled, and If he should be sent to
Matteawan Asylum he would have no
voice In the proceedings.
Among the documents included in the
affidavit presented by Jerome as prov
ing Thaw's insanity are many letters
written by Thaw to J. Denniston Lyon.
the young mans Pittsburg banker.
Here is a specimen:
only need 10 to 1900 for the steels Il
have them already have about $4,000 prohtl as
I seemed rich ] paid 1900 plus 500 plus y
eguaIing about $1,000 of bills
Cash etc left from 5000 cheeque to Gates &
Co. Most Of which can return in 10 days
Now they might say HOW MUCH they could
loan on 9th ST property $4,000 TO S65, 90.
Excuse scratchy letter
one report which obtained wide Gre
dence today was to the effect that Del
mas would be the only one Of Thaw's
lawyers who would refuse to sign an
affidavit testifying to the present men
tai condition Of the prisoner 1t has
been noted since the trial proper began.
that the California lawyer has kept
away from the counsel table where
Thaw sits and has conducted the case
from within the railing. IT was re-
ported today that Delmas would main
tain that he had no way OF knowing
OF the present mental condition Of his
client. not having engaged in converse
tion with him during the trial.
Jerome made public tonight several
letters supposedly written by Thaw and
TO which Jerome had referred in court
and had marked as State exhibits.
These are expected TO figure in the
hearing OF the LUnacy Commission IL
Judge Fitzgerald decides to appoint one.
The letters have to do chiefly with the
matters personal to Thaw and are of
no special interest except as they may
have a possible bearing on the state Of
mind Of the slayer Of Stanford White.
Afidavits have been handed in by the
prosecution TO show that Thaw is A
paranoiac, who. although legally re-
sponsible when he killed White, is now
incapacity as to be unable to
consult inteIrigently with his coun-
sci and should not be on trial for
his life The defense is preparing its
afidavits 10 the contrary, and the mat
ter will come before the court on Tues
day. Meantime the jury is excused un-
til Wednesday.
Explanations DH counsel look UP
most Of today's session. Jerome today
referred to the tension under which he
had been working and denied any in
tent to charge Attorney Hartridge,
Thaw's counsel Of record, with unpro-
fessional conduct
All of the women of the defendants
family were awaiting him in the court
room when the proceedings opened.
Evelyn Nesbit Thaw, his wife, sat be-
tween Mrs. william Thaw and the
Countess Of Yarmouth. The jury.
which had filed in at IL o'clock, was in
structed by the Judge to return on
Wednesday.
II was arranged by Jerome and Har-
fridge that the defenses affidavits
should be in the hands of the District
Attorney by o'clock tomorrow after
noon. 1t was agreed that Jerome
should be permitted to file additional
matter on Monday.