Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-05-05

his color indicated that he has had
He took a seat at the counsel table be-
tween Lawyers Graham and Peabody
and at once entered into earnest con-
vsrsation with Mr. Graham, who is
in charge Of the habeas corpus pro-
ceedings A private detective sat be-
hind Thaw and was joined later by
Roger O'Mara, the Pjttsburg detective
who helped in the preparation OF
ThaW'S defence. Proceedings We're de-
layed until after II o'clock owing to
the late arrival of Assistant District
Attorney Garvan of New York.
In the court were Warden Flynn of
the Tombs prison, New York, and nine
or 10 other attaches and three chap
lains from the same prison, who had
been summoned by Thaw to testify
as to his behavior while in prison.
The opening of the hearing was de-
layed by q conference between District
Attorney Mack of Duchess county and
Assistant District Attorney Caravan of
New York, who was endeavoring tc
transfer the case to New York county
Then DR.. Baker, the acting supernten-
called into the conference.
Mr.. Caravan and Mr.. Mack appeared
in court before noon accompanied by
Assistant District Attorney tombstone.
Mr.. Graham formally filed his writ
and received from the district attorney
his return to it. District Attorney
Mack then addressed the court and
moved that the proceedings be sent
to New York county.
Mr.. Mack said that he was informed
that it would cost Duchess county
100000 to have the proceedings tried
in Duchess county. He said he thought
it would be bad for the taxpayers of
Duchess county if the preceden. were
established that such cases must be
tried here.
Mr.. Caravan followed Mr. Mack in
support of the motion. He said that
the trial would involve sending COM
missioners u Paris, Monte Carlo and
other places in Europe TO obtain evil
dence as to Thaw's sanity. He argued
that the case should be concluded I'M
der the jurisdiction where it orig
mated.
Mr.. Graham opposed the motion He
NCiitSii'St thil liiC proceedings SuOu-u
be tried under the statute in the judi
cial district where the habeas corpus
was made returnable He said that the
statement Of cost of the proceedings
had been exaggerated. He added:
I'VE strenuously object to having
the case transferred to New York and
our witnesses made subject to sub
poena by the district attorneys Office.
There has been intimidation of wit
nesses before in that direction and we
want none of it in these proceedings"
Justice Murschauser denied the mo-
ton to transfer the hearing but offered
to sit in New York to hear the peo-
pies testimony if both sides were to
consent.
Mr.. 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. The Jail is on the third floor of the
court house, directly over the court
room. Thaw smiled with pleasure at
the announcement that he was to re-
main il, the Foughkeepsie Jail.
1t was arranged to adjourn the pro-
ceedings to May II, providing Mr.
Jerome can be here on that day. After
the rt GATORS side had been heard,
Judge Morschauser will sit in New
York to accommodate Mr. Jerome and
his witnesses. Mr.. Graham intimated
that he would not oppose the plan.
Adjournment was then announced
and Thaw was conducted to the Jail
floor of the court house. He is in the
custody of Sheriff Robert Chanler as
the officer of the court He will have
a large room and his meals from a
restaurant He can receive any WISH
tors he wishes to see.