The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1908-05-05
ThAW GOES
INTO COURT
HEARING TO DETERMINE SANITY
OF SLAYER OF STANFORD
s2 WHITE BEGINS.
in POUGhKEEPSlE.

Hearing Held In New York, But is
Overruled-Judge Will sit in Me-
!, tronolIs to Take Testimony.
Poughkeepsie, N. y, May 4.-Harry
X. Thaw's fight for liberty which has
been in progress almost every mo-
ment since he shot down Stanford
White on the crowded Madison Square
/. roof garden theater nearly two years
ago, was continued in the supreme
court today. Twice tried for the muir
der, the second time acquitted only to
be sent to the Matteawan state hos
pital for the criminally insane, Thaw
now will endeavor to prove his sanity
and his right to complete freedom.
The proceedingly which began today
were based upon writ Of habeas
corpus taken out at the instance Of
the prisoner to procure his release
from the asylum. The writ was issued
by Justice Morschauer at White Plains
on April 20, on application Of James
G. Graham, Newbourgh attorney. 1t
was made returnable before Justice
Morschauer in this city today.
Evelyn May Testify.
An interesting insight into Thaw's
matrimonial affairs, which have at
tracted much attention since his re-
moval to the asylum was contained
In statement given out by A. Russell
Peabody, one of Thaw's counsel, be-
fore the opening Of court today. Young
Mrs. Thaw, who had such a prominent
place in the two trials Of her husband,
for murder, and who has begun suit
for the annulment Of her marriage to
Thaw, has not seen her husband in
more than two months. Mr.. Peabody
said, however, that. Mrs. Thaw has Of
fered herself as witness in her hus-
bands behalf should her testimony be
necessary to obtain his freedom, He
did not know whether 1t would be
necessary to call her to Poughkeepsie,
he said, but If he believed 1t necessary
as the case develops, she will be sum
moned,
Thaw to Take stand.
Thaw himself undoubtedly will go
on the stand in his own defense, Mr..
Peabody said. He declared that the
prisoner is willing to submit to any
examination the court or the district
attorney may desire as proof OF his
sanity.
Thaw reached the courtroom at
10:45. He was in the custody Of Amos
T. Baker, acting superintendent Of the
Matteawan asylum and two attend
ants. Thaw looked rugged and we'll
and his appearance indicated that he
had plenty Of outdoor life at Mattea-
wan. He took q seat at the counsel
table with his attorneys and at once
entered into earnest conversation
with. Mr.. Graham, who is In charge of
the habeas corpus proceedings. A
private detective sat behind Thaw and
was Joined later by Roger O'Mara, the
Pittsburg detective, who helped in the
preparation Of Thaw's defense. Thaw
acted nervously while waiting for
court to open.
Court Delayed In Opening
This was delayed until after II
o'clock owing to. the late, arrival Of
Assistant District Attorney Garvan OF
New York. In court were Warden
Finn Of the Tombs prison, New York,
and nine or ten other attaches, and
three chaplains for the same prison,
who had been summoned by Thaw to
testify as to his behavior while In
prison. NJ u
The opening Of the hearing was de-
layed by a conference between Dis
trict Attorney Mack Of Duchess county
and Assistant District Attorney Gar
van of New York. DR.. Baker, the act
ing superintendent Of the Matteawan
asylum, was called into the conference
at the conclusion Of which Mr.. Gra'
ham formally fled his writ and re-
ceived from District Attorney Mack
his return writ. District Attorney
Mack then moved that the proceedings
be sent to New York county.
Mr.. Mack said he was informed that
1t would cost Duchess county $50. 200
to have the proceedings tried in this
county. He thought 1t would be bad
for the taxpayers Of Duchess county
II the precedent were established that
such cases must be tried here.
Hearing May Cost $4,000.
Mr.. Garvan said that the trial would
involve sending commissions to Paris
Monte Carlo and other places In Nu
rope to obtain evidence - to Thaw'a
sanity. He argued that the case