The sun., 1908-08-09

against-ne are In the hands OF the receiver
Mr.. 0Mara. and his counsel. ex-Gov Stone
81 have paid out very great sums OF
money and it has exhausted my property
have turned over $4,000 in cash to the
receiver, which is sufficient proof OF good
faith
., The attempt OF Harry Thaw to have him
seif'declared bankrupt brought out pro-
test from at least one OF his former counsel
In this city yesterday, and II seems prob
able that some action will be taken here at
once 70 block Thaw's attempt to escape
liability.
Daniel 0'Reilly, who was one OF the array
OF counsel In both trials, acknowledged that
he intended to try and collect what he said
was due, him even II 1t became necessary
to apply for a committee Of Thaw's person
and bring suit against the committee.
:.Thaw's statements regarding his pay
mehts to me and his indebtedness are mis-
leading. to say the least said Mr.. 0'Reilly
yesterday. @Of the $l1 600 mentioned In
bis schedule which he said was paid me
much was expended for him for legitimate
expenses. lreoeived much more than this
$l1 600 mentioned. and that item really only
+. includes money which was spent under
direction Of either Thaw himself or else
Mrs. Thaw.
"As q matter Of fact Thaw has no legal
right to 60 into bankruptcy. In the eyes
OF the law he is a lunatic and was COM
mitted to an asylum by Justice Of the
Supreme Court Of the State and is deprived
by that very commitment from administer
ing his estate or his person, for thatimatter.
aThaw's endeavor to avoid paying his
debts win force me to take some action to
collect the money due me. probably the
application Of committee for his person or
property. In that case could begin suit
against them to- protect my rights. The
lS5, 900 he says claim is not a claim at all.
iAt the time Of the annulment proceedings
Instituted Ry his wife a certified Oh check
"A. Russell Peabody and myself Jointly for
the use of his wife, Evelyn. was turned over
to me, but Mr.. Peabody declined to lend his
endorsement to the check, and 1t is now In
escrow. ..
Il cannot say Just vet, however. what
definite action will take in the matter. but
one thing you may state positively. and that
I is, that my interests will be protected and
what is due me paid. am ready to pro-
.ceed at once along whatever lines believe
. Late al last night o,Reilly felt more certain
! that he would get his money. AS matter
/ Of faot.S he said, "this suit Of Thaw's is
all a fake. All these people who are men
toned In the schedule have contracts with
Thaw which arc good. and Thaw intends
to pay them In the course OF time. This
action is taken for effect.
(. sThaw wants to convince O jury which
will try him in September for his sanity that
he IL able to take care Of his estate and that
he is sane man. Then again Roger
iO'Mara came over to see Thaw not long
ago, and II was really O'Mara that got Thaw
to bring this proceeding. O'Mara thinks
that by bringing this suit 1t will have' the
further effect Of getting Thaw to Pittsburg.
where he will be among friends and out OF
this State. 1t would also keep Thaw out
,ot Roughkeepsis on long vacation. Make
mo mistake about one thing, Thaw 10 not
broke by any means. He has plenty OF
money
A. Russell Peabody left the city early
Yesterday afternoon after declining to say
anything concerning Thaws move.
. It was known moro or less definitely az
far back as May 10 last that many Of Ihaw e.
bills for his second trial were unpaid. Il
was reported that Thaw had said at that
time that he would not pay any OF them
until he was declared sane.
One person who is not affected by Thaw's
action is his wife. According to information
that came from Daniel O'Reilly and A. Rus
sell Peabody just after the second trial,
Mrs Thaw 3 income comes from her mother
.in-law, Mrs. William Thaw. All the time
that Evelyn Thaw left hsr house on Made
son avenue OReiIly declared that Mrs.
William Thaw had made q generous allow
ance for Harry's wife. 1t has been under
stood that her allowance Is 81 900 month.