The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1908-02-05
It He Is Kept in Confinement
At MatteaWan, He Will Sc
cure New Attorneys.
EVELYN MAKES STATEMENT
SAYS THAT THE SURROUNDINGS
OF HER HUSBAND MAKE HER
CRY PROBABLE OUTCOME OF
SITUATION.

New York, Feb. J.-IIarry X. Thaw
today delivered an ultimatum to his
counsel. He gave Martin w. LittletOn
"a hours to start to get him out of
Matteawan. If the lawyer who secured
his acquittal failed in that, Thaw said
O'Reilly and Peabody could have the
next "a hours to try their hand at the
Job.
At the end of 48 hours Thaw said he
would employ new counsel if proceed
sngs for his release were not under
way.
After receiving the ultimatum
Messrs OReilly and Peabody hurried
to Fishkill with a compromise offer.
which they urged Thaw to accept.
From Saturday night until this
morning In ward 1, north, Of the State
Hospital for the Criminal Insane, was
such a trying interval for Thaw that
he sent peremptory instructions to
Mr.. Littleton to begin habeas corpus
proceedings today.
There was a telephone conference
among counsel, and it was agreed that
Messrs. Peabody and O'Reilly should
visit Thaw at once and assure him
that the state commission in lunacy
had been consulted and was consider
ing representation that crowded
is confined at Matteawan cannot have
L,,t ;,,;,
Thaw's mental or physical health.
This compromise offer provided that
q move would be made as quickly as
possible to get him transferred to
quieter retreat-either the State HoSpi-
tai for the Insane at Middletown or to
a private asylum.
Something must be done for my
husband. Mr.. jerome made me gulp
few times. but Matteawan made me
cry. There is no reason why Harry
should be compelled to associate with
criminals. He has been acquitted of
the charge of murder, and we are will
ing that he be sent to any state insti-
tuition where he can have a private
room and be cared for in a manner
that will permit of his early recovery
4 did not visit him yesterday, because
I could not bear to think of him in
such a place as | saw yesterday"
Evelyn Thaw made this statement
TO Thaw's counsel at the Hotel Bel
mont last night.
II don't care where he is sent" said
the elder Mrs. Thaw to Mr.. Peabody
over the phone, Just so we are per-
mitted to aid in his recovery in every
possible way. | am willing that he re-
main i'll the custody Of the state au-
thorities. but he must be where | can
see him and know that his mental con-
dition is not jeopardized by his sur
roundings, | direct you, as one of his
counsel, to take such steps as are ne
cessary to effect satisfactory ar
Cangement."
AT the conclusion of the conference
Lawyer O'Reilly said: 1t is within
the power of DR. Albert Warren Fer
ris. president of the state lunacy com
mission, to permit the transfer of Mr.
Thaw to some other institution upon
application. DR.. Ferris testified. how
ever, at the first trial that Thaw was
suffering from paranoia. When he
visited the patient at the hospital at
Matteawan, the interviews he made
public signified that he had not chang
ed his opinion. 1t is hardly probable.
in view Of this, that DR.. Ferris would
approve an application of that kind.
The next alternative" continued
Mr., O'ReillY, will be a writ Of ha-
beas corpus. If We adopt such a
course it will not be OF our own Volt
ton, but for the reason that drastic
measures will be necessary 10 secure
rights to which we believe Thaw is en-.
titled