The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-03-11
Authorized Statement That
Papers Will Be Served
on Thaw To. day.
INSANE WHEN MARRIED
WILL BE THE GROUND
Stanford Whites Slayer Declares
He Was Sane When Wedding
Occurred, and Says He Will
Defend the Suit-De-
nial That Evelyn
Was Shadowed.
: Ew YORK, March 1o.-Evelyn

"a r EW YORK, March 1O.-Evelyn
N Nesbit Thaw will tomorrow
Nj institute proceedings for the
1 annulment OF her marriage to
Harry X. Thaw. The action
will be based on the allegation tina.
the defendant was insane when the
union was contracted. Thaw purposes
to defend the suit Tho papers in the
case will be served some time to-mor-
row, and an early trial is expected. In
the meantime the two. by mutual
agreement, will remain apart.
In official statements by COUNSEL
for both parties tonight was confirm
ed the long suspected elimination in
the welded lives of Stanford Whites
slayer and the woman whose story in
his defense brought her an unhappy
notoriety as wide as the reading world.
For weeks 1t had been gossipped that
a divorce was imminent. and even dur
Ing Thaw's last trial. throughout which
his wife stood gamely by him, 1t 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 family.
In their statements tonight, however,
counsel denied that Mrs. William Thaw.
Harry's mother, had taken any part
II.
To Make Liberal Provision.
During to-day, Colonel Franklin Bart
lett, 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 separation, Colonel Bartlett
said:
"The matter Is inchoate. There Is
every disposition on the part OF my
clients to be absolutely Just and fair to
Evelyn Thaw and to make liberal pro-
vision for her support. and even more
than that. Harry *. Thaw has sought
a reconciliation and has not desired
that his wife should leave him, but she
desires q permanent severance OF the
marital relations. Any thought OF
lespionage upon the young Mrs. Thaw
would be abhorrent to Mrs. William
Thaw and has not at any time been en-
tertained by her.
Will Serve Papers To-day.
Soon after Colonel Bartlett's inter-
view became public, A. Russell Pea
body. personal counsel to Thaw. left
for Matteawan, where since his last
trial. Thaw has been confined In the
After talk with his client, Mr.. Pea
body returned to the city late to-day.
and by appointment met Daniel
O'Rellly, one of Thaw's former attor-
neys. who Is now counsel for Evelyn
| Thaw. The conference extended we'll
into the evening. and at the conclusion
Mr.. ORelly said:
Papers will be served on Mr. Thaw
| Tomorrow by me, as counsel for
Evelyn. in action for annulment of the
marriage The action will be on the
riage, 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 City. AS yet no mention has
been made OF any settlement in favor
of Evelyn. If after the annulment pro-
ceedings are through and they are in
favor Of the plaintiff, some action
might be asked for the recovery Of
counsel fees and almony."
VIII Defend the Suit.
! Mr. Peabody. who had heard O'Reilly's
remarks, said
| To-day I have visited Harry at
/, Matteawan and told him the nten-
tions OF his wife. He is willing to-
| defend the suit"
Mr.. Peabody added that his client,
/, when apprised of his wife's intention,
had made no comment, except to de-
clare that he was sane at the time OF
his marriage and expressed his will
ingness to meet the issue.
Asked whether Mrs. William Thaw
was active in the planned litigation,
Mr.. o'Reilly added to his formal
statement that Evelyn would take the
stand during the annulment proceed
ings and that several OF the medical
experts 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 be-
lieved that Thaw would put no serious
obstacles In the way OF separation, IL
for no other reason than the graft
tude 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,
O'Reilly said lie thought she had funds
enough to maintain her during tho
trial of the case and as for the future.
she was capable of earning a large
income as writer
Not Followed by Detectives.
Both lawyers emphatlcallv denied
detectives. or that she had made any
demand upon her husbands mother
for a money settlement.
IT is understood that the attorneys
for Mrs. Thaw Will depend practical
" on the evidence OF insanity intro
duced at the last trial Of Thaw to
prove that he was mentally incompe-
tent at the time to legally contract
a marriage. Should this be established,
the case would be won for the plain
tifr, providing proof was not intro
duced by the defense that Thaw sub.
,P
marriage relation gave validity to thei
original contract.
This point the attorneys would not
discuss Tonight 1t was, however,
pointed out that Thaw, though COM
mitted to an insane asylum as having
been insane at the time he killed.
White, has not been declared insane