Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-05-04
MANY Witnesses for Habeas Corpus
Proceedings.
WILL OPPOSE VENUE CHANGE
Prisoner to Remain Away From Mat
teawan During Hearing-Mrs.
Thaw's Statement.

Thaw is out OF the MatteaWail
Hospital for the Criminal Insane.
As a result OF today's proceedings
on the writ of habeas corpus
sued out in an effort to have him
legally declared sane, he will re-
main in the Dutchess county Jail
until the final decision on the writ
is handed down. The formal
hearing in the case will come be-
fore the supreme court at Pough-
keepsie next Monday. The ad-
journment was taken upon the re-
quest of a representative Of the
district attorney of New York
county to give District Attorney
Jerome an opportunity. to appear
in person to oppose Thaw's re-
lease from the asylum. In the
meantime Thaw will remain in
the Dutchess county Jail instead
OF being returned to Matteawan.
POUGHKEEPSIE. n. Y. May 4-Har-
~ X. Thaw arrived here from Matteawan
at 1924 o'clock Afis morning on 4 train
which brought. about fifteen witnesses to
testify In his behalf in the writ of habeas
corpus which he has sued out in his at
tempt to get free from the custody of the
state institution for the insane. He was
accompanied by DIR. Baker and two at
tendants from the Matteawan asylum.
The presence of SO many witnesses was
one of the arguments which Thaw's law
yers expected to use against the applica-
tion which the district attorney was ex-
i'ected to make Tor weeks postponement
and return of the writ in New York In
stead of Duchess county. The attorneys
for Thaw promised to make a hard fght
against any delay any change of
Venue, and it was considered doubtful II
Justice Morschauser would grant the re-
quest OF the district attorney.
Among the witnesses. subpoenaed in
raaw's behalf .aTaxsXeylen~Fiynn sof the
Tombs and nearly al sFiie attendants who
had anything 10 do with Thaw during his
incarceration In that institution
Thaw's Lawyers Hopeful.
Drs. Britten Evans and Ely JeilifTe,
who testified in Thaw's defense at both
his trials. came up on late train last
night ready to testify again. and Charles
w. Pilgrim, superintendent Of the Hudson
River State Hospital, is to arrive toduy.
Russell Peabody, Thaw's counsel ar
rived last night and spent the evening in
consultation with James G.. Graham Of
Eewburs. who has been retained for this
act"n.
We expect TO have no trouble" said
Nr. Graham this morning. ''There is NJ.
coubt that Harry Thaw is perfectly sane
ana there ought to be no difficulty n
proving il and securing his release.
wired that he had missed the first train
from New York. Until he arrived John
r. Mack. the district attorney of Dutchess
county will carry on the case for the
prosecution
Thaw looked better than he has at any
time since he has appeared in public
since the killing of Stanford White He
had on a new gray spring suit, his eyes
were clear and his complexion had lost
much of the pasty look which il had
discipline of the hospital from which he
IS trying to be released has evidently
benefited him.
There was a long wait for Justice
Morschauser. who did not arrive until
nearly noon.
Thaw's Mothers Statement.
Mrs. William Thaw issued a statement
yesterday relative TO the rumors that she
was opposing her sons release.
In making the statement Mrs. Tfaw
said that her reason for so doing was not
to allow the impression TO gain ground
that the prisoners family, notably herself.
was opposed to what he was doing. The
statement from Col. Bartlett, -.rs.
ThawS lawyer. is:
II am authorized by Mrs. William Thaw
10 say that the Wild stories TO the effect
that the Thaw family Is Opbosed TO
Harry Thaw's release are without founda-
lion. While 1t is not necessary for them
70 take any active part In the matter
nevertheless they are all in full SYM
pathy with him. At TO time has -.rs.
William Thaw been reconciled to her
sons detention in Matteawan, but the
summary order of the court was 50
swiftly carried Out that there was No
opportunity for remonstrance against
committing an acquitted man to An asyl-
um for the criminal insane. 1t has been
Mrs William Thaw's desire that her son
this reason she has all the more patiently
endured until the present time
Admission by Ticket.
The court convened In the supervisors;
roon- in. the courthouse. AS the capacit.
admission were issued by Sheriff Chanler
and only those holding tickets were ad
mtted. n score of women were amonl
the spectators.
Harry Thaw reached the courtroom a
i0:45 am. He was in the custody of DR.
Amos T. Baker, acting superintendent O
the Matteawan asylum, and two attend
ants.
The opening of the hearing was delaye,
by conference between District Attorne,
Mack of Duchess county and Assistan
District Attorney Garyan of New York
Dr. Baker. the acting superintendent o
the Matteawan asylum. was called int,
the conference. at the conclusion of which
Mr. Graham formally filed his writ an,
received from District Attorney Mack hi
return to 1t. District Attorney Mack the
moved that the proceedings be sent T.
New York county.
Plea to Change Venue.
BY consent of the district attorney an
the justice Assistant District Attorne,
Garvan of New York was heard. HI
gave brief account Of the two Tha,
cases. The expert witnesses OF the frs
trial alone. he said. cost the state neari
$4,000. 1t was the custom. he said. t
hear writs, which are sued out on a
Continued on Second Pase.l