Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-03-11
WILL DIVORCE THAW
EVELYN Seeks Separation From
the Man She Saved.
EXCUSE is HIS INSANITY
Rumors of a Large Money Settle.
ment on Her.
HER HUSBAND WILL CONTEST
LAWYERS on Both Sides Are Chary
of Giving Out Any Detai1s-She
Fears Violence.

| NEW YORK, March 1.-THE first lega
step was taken today by counsel for Eve
lyn Nesbit Thaw in her contemplated
action to secure the annulment Of hel
marriage to Harry X. Thaw. DAME
O'Reilly, the young wife's counsel. said
TODAY he has sent clerk to the Mattea-
wan Asylum to serve the papers in the
case upon Thaw. and that he has also
sent papers to be served on Thaw's
mother. He said:
Legally speaking. Harry Thaw is dead
so it is necessary to have for defendant
his next of kin The mother will not try
to make any trouble for us. She is very
kindly disposed toward our case and Is
sympathetic with the attitude young Mrs
Thaw has taken. We do not believe that
we will experience any difficulty in pro-
curing a decision in our favor.
| Nothing has been done in regard to a
settlement" said Mr.. O'Reilly. 1.-THE re,
ported figures-a lump sum of $4,000 and
an annual allowance Of $l5.O00-are all
guesswork.
! The Mothers Position.
| According to A. Russell Peabody
Thaws counsel, Thaw will oppose the an.
nulment with every means at his COM
n1and. and will contest the allegation that
he was insane at the time Of his marriage
1t was stated today that Mrs. Thaw is
prepared to testify in her own behalf in
this action. but that If her testimony
should be useful in securing Thaw's re-
lease from the insane asylum she is pre-
pared to give evidence in his favor.
| 1t was reported today that members OF
Thaw's family strongly favor the move
to annul the marriage. and that If it De
successful Evelyn Thaw will be provided
| for financially.
| Although counsel for both Thaw and his
wife announce that the action is about to
begin. neither would disclose the cause OF
| the difference between the two, but II
was stated that the trouble began a year
ago during Thaw's first trial and that
reconciliation was an impossibility.
| Form of the Suit.
After conference between Dan
O'Reilly, who admitted this morning that
he has been acting solely as counsel for
Evelyn Nesbit Thaw since the last trial
Of her husband, and A. Russell Peabody,
acting for Thaw, a copy OF the summons
and complaint in Mrs. Evelyn Thaw's suit
| for annulment was made public. The title
Of the act is Evelyn Florence Nesbit
Thaw versus Harry Kendall Thaw and
Mrs. Mary Copley Thaw." The phrase
ology is as follows:
| 1.-The plaintiff complains OF the defend
ant and alleges:
First, that on the 4th day Of April.
1908. in the city Of Pittsburg. state of
Pennsylvania, Evelyn Florence Nesbit
Thaw, then Evelyn Florence Nesbit, and
| termarried. That at the time Of the mar
riage of the plaintiff to the defendant the
defendant was lunatic and of unsound
mind and was incapable OF making valid
contract and incapable OF contracting a
| marriage. The cause for annulling the
marriage. to wit-the lunacy OF Harry
Kendall Thaw-existed at the time Of such
| marriage"
Mrs Evelyn Thaw then goes on to re-
cite that one Of the defendants is the
mother of Harry Kendall Thaw and a
| resident of this state. and that there
has been no issue of said marriage.
Mrs. VIM. Thaw Served.
The summons and complaint is no
more lengthy than that. It will not be
| necessary to file papers in the supreme
court, 1t was explained. All that Is re-
auired as a. preliminary step is that a
copy Of the summons and complaint be
served on each Of the defendants.
| 1t was decided to send process server
to Matteawan on the 1 :55 o'clock train
from the Grand Central station. At
about o'clock this afternoon he will
make personal service on Harry Thaw.
a process server was dispatched at
once to the Hotel Lorraine: where MRS;
william Thaw was found. She accepted
service.
| With the knowledge that Harry Thaw
has been served there will be nothing
further to do, it is said, than await his
answer. when Mr.. O'Reilly will go into
and ask that the case be placed upon
the record calendar. It may be several
days or a week before the case has ad-
| vanced to the stage where Mr.. Reilly
is ready to file note of issue, and two
or three months before the case Is
| reached on the calendar
Serving the Papers.
| The papers in the case were to be served
some time today. 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 last night was confirmed
the long suspected elimination in the
welded lives OF Stanford Whites slayer
and the woman whose story In his de-
Tense brought her an unhappy notoriety
| as wide as the reading world.
| Col. Franklin Bartlett, 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 daugh-
ter.in-law under surveillance for months.
Thaw has sought a reconciliation. but his
| - oil toe
Soon after Col. Bartlett's interview be-
came public. A. Russell Peabody. per-
sonal counsel to Thaw. left for Mattea-
wan After a talk with his client Pea
body returned to the city late Yesterday.
and by appointment met Daniel O'Reilly.
| counsel for Evelyn Thaw. The confer
ut it's conclusion Mr.. OReilly said:
| "Papers will be served on Mr. Pea
| body tomorrow by me as counsel for
EVELYN Thaw In an action for annulment
of the marriage. The action will be on
| the ground that at the time Of the mar
rage, April 4, 1906. Harry Thaw was
insane. and did not know what he was
doing
Both lawyers emphatically denied that
Evelyn had been followed by detectives.
or that she had made any demand upon
her husbands mother for money set
tlement.
| It is understood that the attorneys for
Mrs. Thaw will depend practically on the
| evidence of insanity introduced at the
| last trial OF Thaw to prove that he was
mentally incompetent at the time legally
| a m