Daily press. [volume] (Newport News, Va.) 1896-current, 1908-03-11
HARRY WILL CONTEST THE SUIT
Lawyers of Mrs. Thaw, Harry and
Evelyn All Make Formal Statements
in Which They say The, win be
Divorce notwithstanding Gem.
pIications.
INV AssoeInte.i prossl

NEW YORK. March 10 - Evelyn
Neshit Thaw will institute proceed =,
lnga, tomorrow. for the annullment OF
her marriage To Harry X Thaw. Tho
action viii be based on the allegation
that the defendant was Insane nj tho
time the union was contracted. Thaw
purposes to defend The suit.
The pape's In the case will no
served some time tomorrow and mn
early trial Is expected. In the mean
time The two b. mutual agreement.
VIII remain apart.
In Official statements by counsel for
both parties, tonight, was confirmed
The long suspected elimination In the
welded lives of STAFFORD Whites
slayer and the woman whose story IN
MS defense brought her an unhappy
notoricty as wide rs The reading world.
ror weeks IL had bce. gossipcd that
divorce was imminent and even dur
ing Thaw's last trial. throughout
which his wife diooc gamely by him.
" was pretty generally believed that
whatever Che outcome OF the Trial thu
TWO would never live together again.
These reports We're frequently
based on rumored Opposition TO the
woman on tho part of the Thaw fam
ily. In 'the statements tonight how.
reports that detectives employed by
ever. counsel denied that Mrs. WI.
iinm Thaw, Harry's mother, had ia
Ken any part in the proposed separa-
ton.
During today Colonel Franklin
Bartlett. counsel for the elder Miro.
ihaw. made statement in which he
sad that there was no truth in the
report sthat detectives employed by
MIS-. William Thaw hll had her
daishtor-in-iaw under surveillance
Tor months. AS 10 possible scpara-
ton. Colonel Bartlett said:
The matter Is in chaos. There is
every disposition on the part of my
clients TO be absolutely just and fair
70 Evelyn Nhaw and to make liberal
provision FOR her support, aud even
more than that. Harry X. Thaw has
sought n reconciliation and has not
desired that his wife should leave
iiim but she desires permanent sew.
'rance of the marital relations ANY
thought OF espionage upon the young
Mrs Thaw would be ahhorrent 10 Mrs.
William Thaw and has not at any
'ime been entertained by her"
Paners VIII be Served Today.
Soon after Colonel Bartlett's inter-
view became public, A. Russell Pea
body personal counsel to Thaw. left
Tor Matteawan. where since his Inst
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 S,-.icIiy. one
OF Thaw's former attorneys. who is
now counsel for Evelyn Thaw. The
confernece extended we'll into the
evening and at It's conclusion MT.
O'ReilIy said: Papers will be served
on Mr.. Thaw tomorrow by me as
counsel for Evelyn in action for au-
nullment of the marriage. The action
VIII be on the ground that at the
tlme 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. AS yet no mention has been
made OF any settlement IN favor OF
Evelyn. If after the annullment pro-
ceediags are through. and they are
in favor of the plaintiff. some action
might be taken Tor the recovery OF
counsel fees and alimony."
Harry VIII Defend the suit.
Mr.. Peabody. who had heard o'Reil-
ly's remarks, said: To-day | have yis-
lied Harry at Matteawan. ana told
him OF the intentions of his wife. He
is willing to defend the suit"
Mr.. Peabody added that his client
when appraised of his wife's inten-
tons had made no comment except
to declare that ne was sane at tho.
time OF his marriage and expressed
his Willingness to meet The issue.
Asked whether Mrs. William Tbaw
was active in the planned litigation
f