The Globe-republican., 1908-05-07
THAW ASKS LIBERTY
PROCEEDINGS TO TEST HIS SAN
ITY BEGIN IN POUGHkEEP.
SIZE, NEW YORK.
PRISONER TO TAKE STAND IN OWN BEHALF
Attorneys for Stanford Whites Slayer
Declare He is Willing to Submit to
any Examination Necessary to Prove
that He is Sane at the Present
Time.

Poughkeepsie, N. Y, May 5.-Harry
X. Thaw's fight for liberty, which has
been in progress almost every moment
since he shot down Stanford White
on the crowded Madison Square roof
garden theatre nearly two years ago,
was continued in the supreme court
Monday. Twice tried for the murder
the second time acquitted only to be
sent to the Matteawan state hospital
for the criminal insane, Thaw now
will endeavor to prove his sanity and
his right to complete freedom.
The proceedings which began Mon
day 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 Judge Morschauser at White Plains
on April %, on application of James
G. Graham, a Newburgh attorney.
1t was made returnable before Justice
Morschauser in this city. An interest
ing insight into Thaw's matrimonial
affairs which have attracted much at
tention since his removal to the asy-
lum, was contained in a statement
given out by A. Russell Peabody, one
Of Thaw's counsel, before the opening
of court Monday. Young Mrs. Thaw
who had such a prominent place in
the two trials of her husband for MUIR
der 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 offered
herself as witness in her husbands
behalf should her testimony be neces-
sary TO obtain his freedom. He did
not know whether 1t would be neces-
sary to call her to Poughkeepsie, he
said but if he believed it necessary
as the case develops she will be sum-
moned.
Thaw himself undoubtedly will go
on the stand in his own behalf, 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.
Mr.. Peabody said he and Mr.. Ora
ham will oppose any attempt to have
| the case transferred to New York
county, which it was reported Assist
ant District Attorney Caravan would
make at the opening of the hearing.
1--WE want the case tried in Duchess
county" said Mr.. Peabody. "Thaw's
place of confinement is here; the writ
was made returnable here and we be-
Iieve that the crowds Of curious which
would be attracted in New York can
be avoided in Poughkeepsie.
"We hold that the burden of proof
rests upon Mr.. Jerome to show that
Thaw is insane. He has never been
declared to be insane. Mr.. Jerome's
commission in the first trial adjudged
him sane. The jury in the second trial
deemed him insane at the time he
killed Stanford White"
Justice Morschauser denied motion
TO transfer the hearing to New York
but offered to sit in New York to hear
the peoples testimony II both sides
we're to consent.
Mr.. Graham raised the question as
to where Thaw should be confined
during the proceedings and the court
ordered him committed to the Duchess
county jail. 1t was arranged to ad
| journ the proceedings to May II, pro
viding Mr.. Jerome can be here OF