The Montgomery advertiser., 1908-05-05
Now in Duchess County
 Jail.
HABEAs CORPUS HEARING
Jerome Will Appear in Person to
 Oppose Release.
It Is Announced that Evelyn Nesbit Thaw Wiu Appear in Her Hus- sands Behalf if Deemed Nec-
 esaary.

Poughkeepsie. N Y.. May 4.-Tem- porarily, at least. Harry K. Thaw is out of the Matteawan Hospital for the Criminal Insane.
 As a result of todays proceedings on the writ of habeas corpus sued out in an effort to have him legally declared sane, he will remain in the Duchess county jail until the final decision on the writ is handed down. The formal hearing in the case VIII come before the supreme court here next Monday.
 The adjournment was taken at the request of a representative of the dis frict attorney of New York county 10 give District Attorney Jerome an op- portunfty to appear in person to op- pose Thaw's release from the asylum
 In the meantime, Thaw will remain in the Duchess county jail here in- stead of being returned to Matteawan Thaw appeared to be in excellent health today, having gained fully twenty pounds in weight since his transfer to the asylum from the Tombs.
 One of the interesting features of to- days proceedings was an announce ment that Evelyn Nesbit Thaw. al- though she has brought suit for annul- ment of her marriage, will appear if necessary as a witness in her husbands behalf.
 Cards of Admission.
 The court convened in the super visors room in the court house. As the capacity of the room is not more than 200, cards of admission were issued by Sheriff chanler and only those holding tickets were admitted. A score of women were among the spectators. Harry Thaw reached the court room at 10:45 He was in the custody of Dr. Ames T. Baker, acting superintendent of the Matteawan Asy- lum and two attendants.
 He took seat at the counsel table with his lawyers and at once entered into earnest conversation with Mir. Graham. who is in charge of the habeas corpus proceedings. A private detec- tive sat behind Thaw and was joined later by Roger O'Mara, the Pittsburg detective who helped in the prepara- ton of Thaw's defense. Thaw toyed nervously with his handkerchief while waiting for court to open. This was delayed until after II o'clock owing to the late arrival of Assistant District Attorney Garvan of New York.
 The opening of the hearing was de- layed by a conference between District Attorney Mack of Duchess County and Assistant District Attorney Garvan of New York. pr. Baker. the acting Su- perintendent of the Mattewan asylum was called into the conference at the conclusion of which MT. Graham for ma1ly filed his writ. District Attorney Mack then moved that the proceedings be sent to New York County.
 Mr. Mack said he was informed that it would cost Duchess County $30000 to have the proceedings tried In Dutch ess County. He thought 1t would be |, bad for the tax payers of Duchess County if the precedent was establish ed that such cases must be tried here fHa frto al Ia involve sending commissions to Paris Monte Carlo and other places in Europe to obtain evidence as to Thaw's sani- ty. He argued that the case should be concluded under the Jurisdiction where it originated.
 Thaw Wins First Point.
 Mir. Graham opposed the motion. He contended that the proceedings should be triad under the statute in the judi cial district where the habeas corpus was made returnable. He said that the statement of the cost of the proceed ings had been exaggerated; that the function of the New York District Court attorney ended with the murder trial, and that the New York District Attor- ney could appear only by courtesy uf the court and the Duchess County Dis, trict Attorney It can be entirely reg ulated by the District Attorney of Duchess County, as he must audit the Uhis' "usliSe NnOi hduSer uehlod the motion to transfer the hearing, but of fered to sit in New York to hear the peoples testimony if both sides were to consent.
 Mir. 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.
 Thaw smiled with pleasure at the announcement.
 It was argued to adjourn the pro- ceedings to May Il. providing MT. Jer- ome can be here on that day
 After the relators side has been heard, Judge MorscHauser will sit in New York to accommodate MT. Jerome and his witnesses.
 Adjournment was then announced and Thaw was conducted to the jail floor of the court house.