Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1908-05-08
HAW REVIEWS
STRUGGLE FOR
HIS LIBERTY
APPEARS IN COURT AT POUCH
KEEPSIE ON WRIT OF HA-
BEAS CORPUS.
LOOKS RUGGED AND HEALTHY.
Evelyn Nesbit Thaw Will Testify in
Case if Her Husband Calls
for Her.
ASYLUM ATTACHES ARE PRESENT.

POUGHKEEPSIE, n. Y, May f.
Harry K. Thaw's fight for liberty, which
has been in progress almost every mo-
ment since he shot down Stanford White
on the crowded Madison Square roof
garden theater nearly two years ago, was
continued in the supreme court here to-
day. Twice tried for the murder, the
second time acquitted only to be sent
to the MatteaWan state hospital for the
criminal insane, Thaw now will en-
deavor to prove his sanity and his right
to complete freedom.
The proceedings which began today
were based upon a writ of habeas corpus
taken out at the instance of the prisoner
to procure his release from the asylum.
Evelyn Will Testify.
An interesting side light on Thaw's
matrimonial affairs, which have attract
ed much attention since his removal to
the asylum was contained in statement
given out by A. Russell Peabody one of
Thaw's counsel, before the opening of
court today. Young Mrs. Thaw, who
had such a prominent place in two trials
of her husband for murder and who has
begun suit for the annullment of her
marriage to Thaw, has not seen her hus-
band III more than two months. Mr..
Peabody said, however, that Mrs. Thaw
has offered herself as a witness in her
husbands behalf should her testimony
be necessary to obtain his freedom.
Peabody Makes Statement.
1--WE hold that the burden of proof
rests upon Mr.. Jerome to show that
He has never been declared to be in
sane. Mr.. Jeromes commission in the
first trial adjudged him sane. The jury
in the second trial deemed him insane at
the time he killed Stanford White
The court convened in the supervisors
room in the courthouse. 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 courtroom
at 1915. He was in the custody of DR..
Amos Il. Baker, acting superintendent
of the MatteaWan, asylum and two at
PENDANTS. He looked rugged and we'll
and his color indicated that he has had
plenty of outdoor life at Matteawan.
He took seat at the counsel table with
his lawyers and at once entered into
earnest conversation with Mr.. Graham,
who is in charge of the habeas corpus
proceedings. A private detective sat
behind Thaw and was joined later by
Roger O'Mara, the Pittsburg detective
who helped in the preparation of Thaw's
defense. Thaw toyed nervously with
his handkerchief while waiting for court
to pen.
Mr.. Mack said he was informed that
it would cost Duchess county $4,000
to have the proceedings tried in Dutch
ess county He thought it would be bad
for the tax payers of Duchess county
if the precedent were established that
such cases must be tried here.
Mr.. Garvan said that the trial would
involve sending commissions to Paris,
Monte Carlo, and other places in Europe
to obtain evidence as to Thaw's sanity.
He argued that the case should he con-
cluded under the jurisdiction where it
originated.
Justice Morschauser denied the motion
to transfer the hearing but offered to
sit in New York to hear the peoples
testimony if both sides were to consent.
Thaw Goes to Jail.
Mr.. Graham raised the question as
whether 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 arranged to adjourn the pro-
ceedings to May II, providing Mr.. Je-
rome can be here on that day. After the
REALTORS side had been heard, Judge
Morschauser will sit in New York to ac
commodate Mr.. Jerome and his witness
eS.
Adjournment was then announced
and Thaw was conducted to' the Jail
floor of the courthouse. He is in the
custody of Sheriff Robert Chanler as the
officer of the court He will have a
large room and his meals will be served
from a restaurant. He can receive any
visitors he wishes to see.