Daily press. [volume] (Newport News, Va.) 1896-current, 1908-05-05
HtAaIlG il RELEASE PROCEEDINGS
Convicted insane Murderer Taken to
Poushkeepsie to Appear Before
Judge Who Signed the First Papers
-Thaw Picture Of Health and
Twenty Pounds Heavier.
(By Associated PreSS)

Temporarily at least. Harry X. Thaw
is Ont of the Matteawan hospital for
the. criminal insane. AS result OF
today's proceedings on the writ CT
habeas corpus sued out in an effort
TO have him legally declared sane he
will remain in the Duchess county
Jail until the final decision on the
writ is handed down.
The formal hearing in the case will
come before the Supreme Court here
next Monday.
The adjournment was taken upon
the request of representative OF
the district attorney of New York
county to give District Attorney
Jerome an opportunity to appear in
person to oppose Thaw's release from
the asylum.
Thaw appeared to be in excellen.
health today having gained fully
twenty pounds in weight since his
transfer to the asylum from the
TOmtS.
One of the interesting features OF
today's proceedings was An announce
ment that Evelyn Nesbit Thaw, al
though she has brought suit for an
nulment OF her marriage, VIII appear.
il necessary. as a witness in her hus-
bands behalf.
Thaw himself undoubtedly will &c
on the stand in his own behalf. A.
Russell Peabody, one of Thaw's cOun'
sci said today that the prisoner is
willing to submit to any examination
that court or the district attorney may
desire as proof of his sanity.
The opening Of the hearing today
was delayed by a conference between
District Attorney Mack. Of Duchess
county and Assistant District Attor.
ney Garvan. of New York.
DR.. Baker, acting superintendent OF
the Matteawan asylum, was called In
TO the conference at the conclusion
of which Mr.. Graham. Of Thaws coun
sci formally filed his writ and re,
ceiyed from District Attornew Mack
his return &c it.
Clutches County 0odeese Expense.
District Attorney Mack then moved
that the proceedings be sent to New
York county.
Mr.. Mack said he was informed
that il would cost Duchess county
$50. 900 to have the proceedings tried
in Duchess county. He thought il
would be bad for the tax payers OF
Duchess county If the precedent
we're established that such cases must
be tried here.
Mr.. Garyan said that the trial would
involve sending commission To
Paris. Monte Carlo and other places
in Europe to obtain evidence as to
Thaw's sanity.
He argued that the case should be
concluded under the jurisdiction
where il originated.
Nr Graham opposed the motion.
lie contended that the proceedings
should he tried under the statute In
the iudiciaI district where the hafoes
corpus was made returnable. He said
that she statement OF cost Of proceed
ipes had been exaggerated: that the
function of the New York district At
torrey ended with the murder trial
and thai the New York district al
\ ,orney couid appear only by courtesy
q, IN. court and the Duchess county
district attorpey.
To spend SD. 600 would 30 a waste
NJ the public money. " can be en-
,;rely regulated by the district a.
,orrcy of Duchess county as he mus
,,d;, the bills. We Sfrennousiy oh
iec, 10 having the caSe transferred 70
New York and our witnesses made. sub
;ec. 10 subphoena by the district a.
,o,nev's oy,ce. There has been init
nation OF Witnesses before In ihat di
r.c,,on and We want none OF II "
those proceedings
viii be Heard IN Pcushkeepsie.
ras,,ce Muschauser denied the mo
lion 10 transfer the hearing bot OF
.e,ad 70 sit IN New York TO hear 'hf
,coplc's testimony II both sidss vert
20 consent
Mr. Graham raised the uqestson y
q, xhcre Thaw shall b. confined dur
Co. the proceedings and the court OF
dases him committed TO the Duchess
courir jail Thaw smiled viii
,.,n,,,re sf the announcement.
II vas arranged tn adjourn the pro
,.dInzs tc May II providing VI
,.,or,. ca, no here On that day. Al
-, inc REALTORS side has teen hear