The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1908-05-04
MAKES POINT
IN TODAY'S FIGHT
FOR HIS LIBERTY
PoughkeepSie Court Will
Take Favorable Evi-
dence May II.
States Witnesses to Be
Heard in New York
City.

POUGHhEEPSIE. y. Y. May AT
torneys for Harry X. Thaw scored first
blood this afternoon in their fight for
his freedom when they secured a ruling
from Justice MOrschauser, in special
term OF the supreme court. that the
witnesses who will testify that he Is
sane shall be heard in court here. Those
who claim that he is stiu insane Will
lie heard in New York, and that county
viii have to bear the bulk of the eX-
DenSe OF the present litigation.
IL is admitted at tOday's proceedings
that Jerome Will make the hardest kind
OF fight to keep Thaw in the criminal
insane asylum To do 50 ne will send
commissions to London. Rome. Paris, and
Monte Carlo, to take evidence as to al
leSed insane acts committed by Thaw
IN those places. The fight which began
today viii last for several months, il is
asserted here.
District Attorney Mack Of Duchess
county led the fight TO have the case
transferred 10 New York county for
final settlement
II will cost us $4,000 20 try this case
mere, he declared, and there Is no rea-
son why our taxpayers should have to
pay the bill because this murderer de-
sires to so free"
Garvan Urges Decision.
Assistant District Attorney Garvan
also made this point claiming that It
VIII be necessary to send commissions
70 l'omc' London and Pittsburg TO get
evidence that will show that Thaw is
hopelessly insane. The expense of these
commissions. he declared. will be great
he also minated that the state MI
insist on them being appointed. aItbcogb
u VIII take a long time TO secure tbeir.
report, and that, in the meantime il
VIII insist that Thaw remain in the
asylum.
Attorney Graham insisted that Thav
oid not have fair trial, and said the
expenses would be Insignificant. Justice
-loI scIltuser denied the motion for the
CHaHse OF venue, and ruled that the
witnesses Tor IhaW VIII be heard here
ana those against him in New Norl-
So that the expense shall be divided
Alter making this ruling the courf ad-
JVuIheo ire further hearing until Nav
a. a. "nen witnesses VIII be heard in
Ihaw's behalf
Expects Thaw's Release.
The utmost confidence that Thavz will
be liberated by habeas corpus proceed
Tags was expressed before the hearing
opened mere today.
Graham, Thaw's attorney, who is new
IN the case. is best known here as a
politician and man Of influence He
sized up the situation today as fol-
lows:
we have no doubt that we will be
able TO prove Thaw sane. and gain his
release. He was committed without a
hearing. and is now being detained il
legally 4 commission found him sane
during his first trial, and he IS sane to-
GAY"
None OF Thaw's famllv was in court
TO greet him. He arrived in custody
or TWO husky guards from Matteawan.
who never left his side. Thaw appeared
greatly improved since his last trial
His face. formerly sallOw. today was
flushed. He Is considerably heavier but
showed nervousness. He came into the
court room with his usual rapid stride
and greeted the lawyers and others who
were in attendance on his trials.
Dr. Baker Against Him.
Or. Baker. acting superintendent Of
Matteawan, headed the party Of guards
and attendants that took Thaw from
the asylum to the station on the way
10 Poughkcepsie. The doctor will tes-
tify that he does not believe Thaw has
recovered his reason, but this appar-
emily has not affected the yOunr mil
Honaire's friendship for him.
Thaw has been greatly encouraged
by the knowledge that his mother and
other members Of his family. with the
possible exception of his wife are back
ing him in his fight for freedom. Tho
statement given cut by Col FRANKLIN
Bartlett, Mrs. William Thaw's attornev
declaring that she is hopeful Of s,7c,
cess in the present legal PROCEEDINGS
did much to cheer him. EVELYN TbaT,,s
opposition to his release. Thaw he
uoVes. is based on a desire to keen him
in an asylum until her suit for ann,,I-
ment of their marriage, on the ground
that he was insane when they y-e~e
married at Pittsburg, is settled
He is anxious 10 testify in his ov-n
behalf. He said he is willing To taI-e
the stand and submit TO any kind of
a gruelng to prove his sanity.
They can go as far as thew like p,
he said. I'm ready"