The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1908-03-13
Evelyn Nesbit Thaw Will Try
To Get a Divorce.
ON THE GROUND OF INSANITY
Com plant Will Aliese That the Young
Millionaire Was Mentally IN
sound When He Married.

for the annulment OF ner mdrTidSe W
Harry X. Thaw The action
will be based on the allega-
ton that the defendant was insane
when the union was contracted. Thaw
purposes to defend the suit. The pa
pers in the case soon will be served
and an early trial is expected. In the
meantime the two, by mutual agree.
ment, will remain apart.
In official statements, by counsel for
both parties, was confirmed the sus-
pected elimination in the welded
lives of Stanford Whites slayer and
the woman whose story in his defense
brought her an unhappy notoriety as
wide as the reading world. For weeks
it had been gossiped that divorce
was imminent and even during Thaw's
last trial, throughout which his wife
stood gamely by him, it was pretty
generally believed that, whatever the
outcome for the prisoner, the two
would never again live together. These
reports were frequently based on ru-
mored opposition to the young woman
on the part of the Thaw family.
In their statements counsel denied
that Mrs. William Thaw, Harrys
mother, had taken any part in the pro-
posed separation.
Colonel Franklin Bartlett, counsel
for the elder Mrs. Thaw, made state
in, vyh he cold fhof thQrQ
no truth in the reports that detectives
employed by Mrs. William Thaw had
had her daughter-in-law under surveil-
lance for months. AS to possible
separation, Colonel Bartlett said:
Thaw Sought Reconciliation.
"The matter is inchoate. There is
every disposition on the part of my
clients to be absolutely fair and just
toward Evelyn Thaw and to make lib
eral provision for her support, and
even more than that. Harry X. Thaw
has sought a reconciliation and has
not desired that his wife should leave
him, but she desires a permanent
severance of the marital relations
Any thought of espionage upon the
younger Mrs. Thaw would be abhor-
rent to Mrs. William Thaw and has
not at any time been entertained by
her."
Soon after Colonel Bartlett's inter-
view became public, A. Russell PEG
body, personal counsel to Thaw, left
for Matteawan, where since his last
trial Thaw has been confined in the
asylum for the criminal insane. After
a talk with his client Mr.. Peabody re-
turned to the city and by appointment
met Daniel O'Reilly, one Of Thaw's
former attorneys, who is now counsel
for Evelyn Thaw. The conference ex-
tended well into the evening and at
its conclusion Mr. O'Reilly said:
Papers will be served on Mr.. Pea
body by me, as counsel for Evelyn
Thaw, in an action for annulment OF
the marriage. The action will be on
the ground that at the time of the
marriage, April 4, 1905, Harry Thaw
was insane and did not know what he
was doing.
'.This action has been thought OF
for some time. 1t will be tried In New
York county. AS yet no mention has
been made of any settlement in favor
of Evelyn. If after the annulment
proceedings are through and they are
in favor of the plaintiff, some action
might be taken for the recovery OF
counsel fees and alimony."
Willing to Defend the Suit.
Mr.. Peabody, who had heard O'Reil.
ly's remarks. said:
81 have visited Harry at Matteawan
and told him the intentions OF his
wife. He is willing to defend the
suit"
Mr.. Peabody added that his client,
when appraised of his wife's intentions,
had made no comment, except to de-
clare that he was sane at the time OF
his marriage and expressed his will
ingness to meet the issue.
Asked whether Mrs. William Thaw
IL active in the planned litigation, Mr..
Peabody replied: mo, she Is not"
Mr.. O'Reilly added to his formal
statement that Evelyn would take the
stand during the annulment proceed
ings, and that several of the medical
experts who had testified at the muir.
der trial would also be called. He
added that despite his announced de-
termination to defend the suit, he be-
lieved that Thaw would put no serious
obstacles in the way of separation If
for no other reason than gratitude he
felt toward his wife for the aid she
had rendered him when he was on
trial for his life. AS to his clients
financial resources, O'Reilly said he
thought she had funds enough TO main
tain her during the trial of the case
and as for the future was capable OF
earning large income as a writer.
Both lawyers emphatically denied
that Evelyn had been followed by de-
tectives or that she had made any
demand upon her husbands mother
for a money settlement.
1t is understood that the attorneys
for Mrs. Thaw will depend practically
upon the evidence of insanity intro
duced at the last trial of Thaw to
prove that he was mentally incompe
tent at the time to legally contract q
marriage. Should this be establishe
rne case would soon be won for the
plaintiff, providing there was not in
trOduced the defense that Thaw subse-