Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-03-11
EVELYN NESb|T THAW
TO SUE FOR DIVORCE,
Proceedings to Begin Today on Ground
That Harry Was Insane When He
Married Her---ThaW Will Contest,

New York, March 1O.-Evelyn Nesbit
Thaw tomorrow will institute pro-
ceedings for the annument of her mar
riage to Harry X. Thaw. The action
Will be based on the allegation that the
defendant was insane when the union
was contracted. Thaw purposes to
defend the suit The papers in the case
will be served some time tomorrow and
an early trial is expected. In the mcan-
time should Thaw be released from
MatteaWan the couple by mutual
agreement will remain apart.
In official statements, by counsel for
both parties tonight was confirmed the
long suspected elimination in The we'd
dcd lif" of Stanford Whites slayer and
the woman whose story III his defence
brought her an unhappy notoriety rs
wide as the reading world. For weeks
1t had been gossipcd that divorce
was probably and during Thaw's last
trial, throughout which his wife stood
gamcly by him, it was pretty generally
believed that whatever the outcome for
the prisoner the two never again would
live together. These reports frequently
were based on rumorcd opposition to
the young woman on tho part Of the
Thaw family. In their statements to-
day, counsel deny that Mrs William
ThaW, Harry'5 mother, had taken any
part in the proposed suit
During the day Col Frank Bartlett,
counsel for the elder Mrs Thaw, made
a statement in which he said that there
was 10 truth in reports that detectives
eEp;oyed by Mrs. William Thaw had
had her dauShtcr-in- law under sur
VIGILANCE for months. AS to a possible
separation Col. Bartlett said:
'"Thc matter is inchoatc There is
every disposition on the part Of my
client to be absolutely fair ana JUS
toward Evelyn ThaW and to make lib
more than that Harry X Thaw has
sought n reconciliation and has not
desired that his wife should leave him,
but she desires Il permanent severance
of the marital relations. Any thought
OF espionage upon the young Mrs.
Thaw would he abhorrent to Mrs. Will
liam Thaw and has not at any time
been entertained by her"
Soon after Col. Bartlett's interview
became public, A. Russell Peabody.
personal counsel to Thaw left for Mat
teaWan. where since his last trial
ThaW has been confined in the asylum
for the criminal insane After talk
with his client Peabody returned to
the city late today and by appointment
met Daniel O'Rcilly. one of Thaw's
former attorney. who is now counsel
for Evelyn Thaw. The conference ex-
tended well into the evening and at
its conclusion, Mr.. OReilly said:
Papers will be served on Mr.. Pea
body tomorrow by me as counsel for
Evelyn Thaw in an action for annuI-
ment of the marriage. The action will
be on the ground that at the time of
TIE marriage, April 4. 1905, Harry
Thaw was insane and dill 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 annulmcnt
proceedings are through and they are
in favor of the plaintiff, some action
might be taken for the recovery Of
counsel fees ana alimony."
Mr.. Peabody, who had heard Mr.
OReillys remarks. said:
To-day have visited Harry at Mat
teawan and told him the intentions Of
his wife. lie is willing to defend the
suit"
Mr.. Peabody added that his client
when apprised Of his wife's intentions