The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-03-11
MRS. THAW SUES.
The Wife of the Slayer of STAN
ford White
Has Instituted Proceedings
for Divorce.
INSANITY ALLEGED
At Time of His Marriage as
Ground of Action.
The Prisoner at Matteawan Will
Make a Fight.

New York, March 1.-THE first
legal step was taken today by counsel
Tor Evelyn Nesbit Thaw in her con-
templated action to secure the annul-
ment of her marriage 10 Harry K
Thaw. The action is based on the al
legation that Thaw was insane at the
time of the marriage.
Daniel O'Reilly, the young wife's
counsel, said today ne mas sent
clerk to the Matteawan asylum tc
serve the papers in the case upon
Thaw and he has also sent papers to
be served on Thaw's mother. He said:
Legally speaking Harry Thaw is
DEAD, SO II Is necessary to have for
defendant his next of kin. The moth
er 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
mas 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.. OReilly.
I The reported fgures-a lump sum of
| $4,000 and annual allowance OF
$4,000 are all guess work.
| According to A. Russell Peabody.
Thaw's counsel, Thaw Will oppose the
| annulment with every means at his
command and Will contest the allega-.
| ton 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
| II her testimony should be useful in
securing Thaw's release from the in
| sane asylum she is prepared to give
| evidence in his favor.
| 1t is reported today that members
of the Thaw family strongly favor the
movement to annul the marriage and
| that if it be successful, Evelyn Thaw
! will be provided for financially.
Although counsel for both Thaw
and his wife announce that the ac-
ton is about to begin neither would
disclose the cause of the difference
| between the two, but it was stated
that trouble began a year ago during
Thaw's first trial and that reconcilia-
ton was an impossibility. ~
An official statement by counsel for
both parties confirmed the long sus-
tpected cuImination OF the welded
lives of Stanford Winters slayer and
the woman whose story IN his defense
! brought her an unhappy notorfety as
wide as the reading world.
| A copy of the summons and complaint
issued on behalf of Evelyn Thaw was
made public today 1t alleges that at
the time of the marriage Harry K.
| Thaw was a lunatic and of unsound
mind and was incapable of making a
| valid contract and incapable of con-
tracing a marriage A notice of the
suit was served on Mrs. William Thaw,
mother of Harry. today
server to Matteawan at 2 p. m. today
and it was expected the papers would
be served on the defendant about
p. M
For weeks it had been gossiped that
a divorce was imminent and even
during Thaw's last trial throughout
| which his wife stood game1y by him,
1t was pretty generally believed that
| whatever the outcome Tor the pris-
oner the two would never again live
tOget her These rpnOIstS fro
Quently based on rumors of opposi-
tion to the young woman on the part
of the Thaw family In their state
ment, however, counsel denied that
Mrs VIM. Thaw, Harry's mother, had
taken any part in the proposed sepa-
ration.
Colonel Franklin Bartlett, counsel
for the elder Mrs. Thaw, made a
statement in which he said there was
no truth in the reports that detectives
employed by Mrs. VIM. Thaw had
had her daughter-in-Iaw under sur
veillance for months. as to a pos
sible separation Colonel Bartlett said.
1.-The matter is incnoaue. There is
every disposition on the part of my
clients to be absolutely TaIr and JUST
toward Evelyn Thaw ana to make
liberal provision for ner support and
even more than that. Harry K. Thaw
has sought a reconciliation and has
not desired that his wife should leave
him, but she desired permanent Sc
|
thought of espionage upon the young
Mrs Thaw would be abhorrent to
Mrs VIM. Thaw and mas not at any
time been entertained by her"
, Soon after Colonel Bartletts inter-
|, view became public A. Russell Pea
body. personal counsel to Thaw, left
rvr Matteawan where since his ias-
trial Thaw has been confined. After
, a talk with his client Mr.. Peabody
! returned to the city and by appoint
ment met Daniel O'Reilly, one of
Thaw's former attorneys. who is now
counsel for Evelyn Thaw. The con-
ference was extended and at its con-
clusion Mr.. O'Reilly said:
Papers will be served on Mr.. Pea
| body at once by as counsel for
Evelyn Thaw in an action for annul-
ment of the marriage. The action
will be on the ground that at the
time of the marriage. April 4, 1905,
Harry Thaw was insane and did not
know what he doing.
This action has been thought of
for some time 1t will be tried in New
York county. AS yet mention has
been made of any settlement in favor
of Evelyn. If after the annulment
| proceedings are through and they are
| in favor of the plaintiff, some action
might be taken for the recovery of
| counsel fees and alimony.''
: Mr. Peabody, who had heard of
O'Reilly's remarks, said:
!, II nave visited Harry al Mattea-
wan and told him the intentions of
. his wife. He is willing to defend the
suit"
Mr.. Peabody added that his client,
| when apprised of mis- wife-s inten-
to declare that he was sane at the
time of his marriage and exnresSed