The semi-weekly messenger., 1908-03-13
PRIuttDllGs fG3 4 llV01GI
To Be Instituted By Evakn kas-
bit ThaW
Seeks Annulment OF Marriage ON
Ground That Thaw Was Insane
When Marriage Was Contracted.
suit VIII BE defended by Hus-
hand.

4
New York, March 10.-Eveiyn Mes
| bit Thaw will institute proceedings
| for the annulment OF ner marriage
| to Harry K. Thaw. The action will be
! based Oh the allegation that the de-
| fendant was insane when the union
| vas contracted. Thaw purposes to de-
| fend the suit. The papers in the case
will be served some time tomorrow
and an early trial is expected. In the
| meantime the two, by mutual agree
ment, will remain apart In official
sttements by counsel for both parties
| tonight was confirmed the long sus-
pected elimination in the welded lives
of Stanford Whites slayer and the
woman whose story in his defenst
/ brought her an unhappy notoriety
as wide as the reading world. For
| weeks ii had been gossiped that
divorce was imminent and even dur
| ing Thaw's trial, throughout which his
| wife stood gamely by him, il was
pretty generally believed that what
ever the outcome for the prisoner the
| two would never again live together.
( These reports were frequently based
| On rumored opposition to the young
| woman on the part of the Thaw FAM
| fly. In their statements tonight, how
| ever. counsel denied that Mrs. Thaw.
| Harry's mother, had taken any part
! in the proposed separation.
During today Colonel Franklin
| Bartlett, counsel for the elder Mrs.
| Thaw, made statement in which
| he said that there was no truth in
| the reports that detectives employed
! by Mrs. William Thaw had had her
! daughter-in-law under surveillance
for months AS to possible separa-
ton Colonel Bartlett said:
THE matter is in choate. There is
| every disposition on the part of my
| clients to be absolutely just and fair
to Evelyn Thaw and to make liberal
| provisions for her support, and even
| more than that Harry K. Thaw has
! sought q reconciliation and has not
| desired that his wife Should leave
him, but she desires a permaent sew
| erance of the marital relations. Any
thought of espionage upon the young
Mrs. Thaw would be abhorrent 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 Pea
body, personal counsel to Thaw, left
lfor Mattewan, where since his last
trial, Thaw has been confined in the
| asylum for the criminal insane After
a talk with his client Peabody return
| ed to the city late today and by ap-
pointment met Daniel O'Reilly, one
| Of Thaw's former attorneys, who is
now counsel for Evelyn Thaw The
conference extended we'll into the
evening and at it's conclusion Mr.
O'ReiIly said:
Papers will be served on Mr.. Thaw
| tomorrow, by me as counsel for Eve
lyn in action for annullment of the
| marriage. The action will be on the
ground that at the time Of the mar
riage, April 4th, 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 annui-
ment, proceedings. are through and
| they are in favor of the plaintiff
some action might be taken for the
recovery of counsel fees and ALI
mony."
Mr. Peabody, who heard O'Reiny re-
mark, said:
To-day l have visited Harry at
Mattewan and told him the intentions
of his wife. He is willing to defend
the suit"
Mr. Peabody added that his client.
when apprised 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
liDgness to meet the issue.
Asked whether Mrs. William Thaw
was active in the plenned litigation.
Mr. Peabody replied:
No, she is not
Mr.. OReilly added to his formal
statement that Evelyn would take the
stand duriDg the annullment proceed
i1gs and that several of the medical
erperts who had testified at the mur-
der trial would also be called He
added that despite his announced de-
termination to contest the suit. he
believed that Thaw would put no SER
ious obstacle sin the way of separa-
ton II for no other reason than the
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
~ hellly Sal0 ne tnOugnt Sne had
funds enough to maintain her during
the trial of the case and as for the
future was capable of earning a large
income as writer.
Both lawyers emphatically denied
that Evelyn had been followed by
detectives or that had they made any
demand upon her husbands mother
for a money settlement.
1t is understood that the attorneys
Off Mrs. Thaw will depend practi- |
cally on the evidence of insanity in
trodused at the last trial OF Thaw |
tc prove that he was mentally incom-
petent at the time to legally contract
marriage. Should this be established
the case would be won for the plain |
tiff providing there was not introduc-
ed by the defense that Thaw subse-
quently recovered full possession OF