The Washington herald., 1908-03-11
Wife Asks Annulm ent Of
Marriage to Prisoner.
CALLS HIM INSANE At TIME
Suit VIII BE Filed I'm New York State
To-day-SIayer Of Stanford White,
in Matteavvan, Plans 10 Fight the
Case-NO Financial Considerations
Are Mentioned-Troubl Personal.

new Aorhr MdfSn lV.-ENftyn NeSDlt
Thaw. through her counsel, Dan O'Renly,
will file suit in the Supreme Court to-
morrow for the annulment of her mar
riage with Harry X. Thaw. now in Mat
teawan state Hospital Tor the Criminal
Insane. on the grounds that ne was in
sane on April 4, 1865 the date OF her mar
riage with him.
When the case comes to trial, It will
be contested. according TO the word Of
A Russell Peabody, Thaw's attorney. In
the action. Evelyn Thaw will take the
stand in her own right 10 testify against
her husband
The announcement Of Evelyn Thaw's
determined action was made tonight by
Dan O'Reilly, after a brief consultation
with Mr.. Peabody Just after the latter
had stepped or the train that brought
him back from the Matteawan asylum.
Mr.. Peabody admitted that he had not
been certain that Mrs. Thaw had definite
" decided upon the suit for an annull-
ment Of her marriage until he was ad-
sised OF the pending step by O'Reilly. He
denied that he had gone To Harry Thaw
with an offer OF compromise from his
wife for a consideration Of financial set
tlement and that Thaw's refusal to enter
tain such an offer had forced the issue.
Thaw TO Fight Case.
On the contrary. said Mr. Peabody. his
client had ordered him 10 make a de-
termined fight against the charge that
Evelyn Thaw is TO lodge tomorrow.
There was no arrangement between him
self and Mr.. O'Reilly by which nomi-
Both counsel agreed in the statement
that no. counter suit would be fled by
the prisoner in Matteawan.
Mr.. O'Reilly had told the newspaper
men earlier in the day that he might have
a statement 10 give out at $50 o'clock to-
night. and he made an appointment TO
meet them at a place near the Grand
Central Station. At a few minutes after
o'clock Mr.. Peabody came over from the
station. and both Of the lawyers were in
for fifteen minutes. after
which time they called the newspaper men
over TO them
Evelyn Thaw viii institute a suit for
the annulment Of her marriage with Har-
~ Thaw in the Supreme Court tO-mor-
row." said O'RelIIy.
1.-The grounds viii be that he was in
sane at the time that she married him.
There will be no request for aIimony in
the complaint, although. under the law,
alimony can be sought in an action for
the annullment Of marriage on the
grounds we Will advance.
VIII Serve Notice on Thaw.
The summons and complaint will be
served on Harry Thaw tomorrow. at the
same time that action is entered IN the
Supreme Court. Since the suit is to
be defended when 1t goes to trial. Harry
Thaw will be brought down by attendants
10 go on the stand in his own defence.
The testimony that we will introduce viii.
Of course. be chiefly that OF experts. and
Evelyn Thaw will take the stand in her
OWN right"
Mr.. Peabody then made a brief state
nent He said:
when I went to Matteawan this morn
ng I knew that this action was pending,
but I was not certain that it was to be
brought as soon as it will be. will fight
the case upon Instructions from my
client 1t viii be a real defence. but we
will enter no cOunter-suit I will repre-
sent Harry Thaw personally in his de-
fence My client knew. Of course. that
his wife was considering this course of
action. 7 cannot say that he seemed TO
resent il, or that he was apathetic. He
made little comment upon the matter.
can say that this suit was brought entire
ly OF Mrs. Evelyn Thaw's own volition."
Settlement Not Discussed.
Both of the lawyers refused to say
or not any financial arrangement
had yet been made between Harry Thaw's
family and Mrs. Evelyn Thaw IN lieu Of
the lack OF a request for alimony in the
complaint to be filed tomorrow. When
asked a direct question on this pojnt
O'Reilly said: You may say that counsel
for Mrs. Thaw refused 10 answer"
Later he admitted that under the rights
Of his client. suit for alimony and pay
nent Of lawyers fees could be entered
at any time after the original complaint
had been filed. Whether such a sub-
sidary action would be fled or not he
would not say. Mr.. Peabody said that he
Continued on Page II, Column g.
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