The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-05-05
REMOVAL TO NEW YORK
is DENIED BY COURT
Fight Of District Attorneys Of
flee Only Secures Consent Of
Judge to Hear Evidence in
City-Evelyn Willing
to Testify in Behalf
Of Husband.
. .oUGHKEEPsIE N. Y. May A.
Temporarily at least. Harry Is.
- Thaw is out OF the Matteawan
Hospital for the Criminal In

III -
Il Hospital for the Criminal In
sane. AS a result of to-day's
proceedings on the writ OF habeas cor
pus. sued out in an effort to have him
legally declared sane, he will remain
in the Dutchess county jail until the
final decision on the writ is handed
down.
The formal hearing In the case will
come before the Supreme Court here
next Monday. The adjournment was
taken upon the request OF the represen-
tative of the District Attorney of New
York to give Mr.. Jerome an opportuni-
ty to appear in person to oppose Thaw's
release from the asylum.
Thaw appeared to be In excellent
health to-day. having gained fully
twenty pounds in weight since his
transfer to the asylum from the Tombs.
Evelyn Willing to Testify.
One of the interesting lectures of
days proceedings was an announce
ment that Evelyn Nesbit Thaw. al
though she has brought suit for annul-
ment OF her marriage, will appear, II
necessary as witness in her hus-
bands behalf
Thaw himself undoubtedly will go
on the stand in his own behalf. A.
sci, said to-day. He declared that the
sci said to-day. He declared that the
prisoner is willing to submit to any
examination the court or the district
attorney may desire IS proof of his
sanity.
The opening of the hearing to-day
was delayed by conference between
District Attorney Mack, OF Dutchess
county, and Assistant District Attor-
ney Garvan. of New York.
DR.. Barker. acting superintendent OF
the Matteawan Asylum. was called Into
the conference, at the conclusion OF
which Mr.. Graham. Of Thaw's counsel,
formally filed his writ and received
turn to it. District Attorney Mack
then moved that the proceedings be
sent to New York county.
Mr. Mack said he was informed that
1t would cost Dutchess county 100000
to have the proceedings tried here.
He thought it would be bad for the
taxpayers Of Duchess county ii the
precedent were established that such
cases must be tried here.
Mr.. Garvan said that the trial would
involve sending committees to Paris,
rope to obtain evidence as to Thaw's
sanity. He argued that the case should
be concluded under the jurisdiction
where 1t originated.
Mr.. Graham opposed the motion. He
contended that the proceedings should
be tried under the statute in the judi
cial district where the habeas corpus
was made returnable. He said that
! the statement OF cost of the proceed
that the
function of the New York District
Attorney ended with the murder trial
and that the New York District At
| torney could appear only by courtesy
| of the court and the Dutchess county
| District Attorney.
ITO spend $4,000 would be a waste
of the public money" said Mr.. Graham
.It can be entirely regulated by the
district attorney of Duchess county, a:
| ~ object to having the case transferr
| ed to New York and our wttnesse:
| made subject to subpoenas by thu
district attorneys office. There ha!
been intimidation of witnesses before
lin that direction and we want none o.
lit in this proceedings.
Justice Morschauser denied the mo
! ton to transfer the hearing. but ~
| fercd to sit In New York to hear th'
| )
to consent.
In Dutchcss County Jail.
Mr.. Graham raised the question as t
where Thaw should be confined during
the proceedings. and the court ordered
him committed to the Dutchess count!
! iail. Thaw smiled with pleasure a
the announcement.
1t was arranged to adjourn till Ma,
10th, provided Mr.. Jerome can be her
on that day. After the REALTORS sid
has been heard Judge Morschauser vii
i sit in New York to accommodate Mr.
Jerome and his witnesses.
Thaw was conducted after the hear
i ing to the jail floor of the court-house
He is in the custody OF Sheriff Rober
i Chanler. He will have large room
and his meals will be served from
!. restaurant. He can receive any visi
/ Il, .,,,fcI fo i