The Cairo bulletin., 1908-03-11
EVELYN WANTS
AN ANNU[ MEN |
SUIT WILL BE INSTITUTED AT
ONCE SAYS COUNSEL FOR
BOTH SIDES.
AT TIME OF MI RRIACE
Harry's Wife Alleges That tIe Was
lnsane--Aithough In Asylum He
HAS Not Been Declared
Insane.

New York March t0.-The counsel
/ fol both parties officially announced
/ tonight that Evelyn Nesbit Thaw to-
/ day would institute a suit for annul.
lment Of her marriage to Harry X,
! Thaw ON the ground that he was In
| sane at the time the marriage was
contracted
/ After the conference O'Reilly said
papers will be served on Peabody to
morrow and that no settlement in IA
vor of Evelyn Thaw had yet been
mentioned, but that if the divorce u
granted proceedings will be instituted
torecoyer counsel fees and alimony
! Peabody said he had visited Thaw and
| told him Ct his wife's intentions.
! That he made no comment except to
declare that he was sane at the time
Of his marriage and expressed his
willingness to meet the issue.
II is understood that the attorneys
for Mrs Thaw will depend practically
Iupon the evidence of insanity intro
duced at the last trial of Thaw to
prove he was mentally incompetent az
| the time to legally contract marriage
Should, this he established the case
| he won for the plaintiff providing
| there was not introduced defense that
Thaw subsequently, recovered full pos
session of his faculties and by con.
tlnuing marriage relations gave valid
| It's to the original contract. This point
the attorneys would not discuss to-
night. It was. however, pointed out
| that Thaw though committed. to the
insane asylum as having been insane
t..tha time he killed White. has not
tbeen declared insane 81 the present
time.
Whether the matter of his insanity
will be determined before the trial for
annulment of the marriage is not
| known If not there will be interest
in the probable effect of the present
suit upon later efforts to get Thaw
out Of the asylum.
In official statements by the counsel
for both parties tonight the reports
were confirmed. For weeks 1t hail
been gossiped that divorce was i'm.
mnent aud even during Thaw's last
trial throughout which his wife stood
gamely by him. It was believed that
whatever the outcome for the prisoner
was. the two would never again live
1, gether These reports were fre
quently based on rumored opposition
TO the young woman on the part Of the
Thaw family, In their statements to-
night, however, the counsel denied
that Mrs. William Thaw, Harry's
mother had taken any part in the
proposed separation.
During the day Colonel Franklin
Bartlett. counsel for the elder Mrs.
Thaw, made a statement In which he
said there was no truth in the reports
that detectives employed by Mrs. VII
liam Thaw, had her daughter-in-law
under survcilances for months. AS
to the possibility of separation Bart
lett said.
"The mater Is inchoate. There's
every disposition on the part of my
clients to be absolutely fair and past
toward Evelyn Thaw. aud to make lib
eral provision for her support and
even more than that Harry X. Thaw
| has sought reconciliation and has not
Idesired that his wife should leave him
! but she desires permanent sever
ance Of their marital relations. Any
thought of espilnag upon the young
Mrs. Thaw would be abhorrent to
Mrs. William Thaw, and has not at
any time been entertained by her
Soon after BartIett's interview be
come public. A Russell Peabody, per
sonal counsel to Thaw, left for Mat
teawan. where since his last trial
IThaw has been confined IN the asylum
| for criminal insane
After a talk with his client Peabody
returned to the city late today and by
an appointment met Daniel u'RetllY.
one of Thaw's former attorneys
/ ~