New-York tribune., 1908-05-05
THAW In COUNTY JAIL
HIS WIFE My TESTIFY.
Offers Euidence If Needed-Case to
Stay an Poughkeepsie.

foaEhkeePsie. " Y, Mey z-Tenporarily. at
least, Harry * Thaw is out of the Mstteawan
Hospital for the Criminal Insane. AS result of
1o-Gay's proceedings before Supreme Court Justice
Morscha user the writ of habeas corpus sued
out IN effort to have him legally declared sane,
he VIII remain in the Dutcness County jail here
until the final decision the writ is handed down
The fermal hearing in the viii before
the Supreme Court here neat Monday
The adjournment taken the request of
Assistant District Attorney Garvan, of New York
County. 10 give District Attorney Jerome op-
portunity 10 appear in person 10 oppose Thaws
release from the asylum In the mean time Thaw
nfl remain in jail here instead of being returned
TO MatteaRan Tkaw appeared TO be in excellent
health to-day. having gained fully twenty pounds
sn weight since his transfer TO the asylum from the
Tombs.
A Russell Peabody. one of Thaw's counsel said
before the opening OF court to-day. that Evelyn
Nesbit Thsw. who has begun suit for the annul-
raent Of her marriage and has not seen her hus
hand in than months, had offered herself
witness IN her husbands behalf should her
Testimony be necessary TO obtain his freedom He
did not know whether would be necessary to call
her TO PoughkeeIsie. he said. but if he believed
IL necessary IS the case developed she would be
summoned
Thaw would undoubtedly go on the stand in his
own behalf Mr.. Peabody said. He declared that
the prisoner willing submit te any exanina-
1ion The the District Attorney might de
sire proof Of his sanity
BURDEN OF PROOF ON JEROME"
We hold" said Mr. Peabody. that the burden
~ proof rests upon Mr. Jerome to show that Thaw
is insane lie has been declared 10 be insane
NJ. JeroInes commission in the first trial adjudged
him sane The jury ia the second trial deemed him
insane at the time he killed Stanford White
The large courtroom being occupied by the Dutch
ess County Court the supervisors the
courthouse was used. As its capacity Is not more
than hundred cards Of admission were issued
by Sheriff Chanler and only those holding tickets
spectators.
Thaw reached the courtroom at l0.45 a IN. in the
custody OF Dr. Amos T. Baker. acting superin-
1endent Of the Mattcawan asylum. and two attend
ants His color indicated that he had had plenty Of
outdoor lie at MatteaHan- AS he approached the
courthouse. having walked uptown from the New
York Central station he held his overcoat against
his face 10 thNart the brigade stationed 10
take his picture.
In court were Warden FLYNN Of the Tombs pris-
on. New York and nine ten other attaches and
three chaplains from the same prison. who had
been summoned by Thaw testify as to his be-
haVlor while in prison Thaw took a seat at the
counsel table between his lawyers. Messrs. Graham
and Peabody. and at entered into earnest
conversation with Mr. Graham, who is in charge
OF the habeas corpus proceedings. Thaw a
new suit of light gray.
Mr. Garvan and District Attorney Mack Of
Dutchess County appeared N court before noon
after long conference in which DR.. Baker took
part Mr. Graham formally filed his writ and re-
ceived from the District Attorney his return to it.
M. Mack then addressed the court and moved that
the proceedings be sent TO New York County Mr.
Mack said he Informed that it would cost
Dutchess County S9e"oo to have the proceedings
tried in Dutchess County and he thought II would
be bad for the taxpayers Of the county if the
precedent esta olished that such cases must
he tried here.
TO SEND ABROAD FOR EVIDENCE
Mr.. Garyan followed Mr.. Mack in support OF the
He the trial would involve send
ing commissions to Paris. Monte Carlo and other
places in Europe to obtain evidence as TO Thaw's
insanity He argued that the should be de-
cfded under the jurisdiction where it originated
Mr. Graham opposed .he motion He contended
that the Proceedings should be tried under the
statute the judicial district where the habeas
corpus was made Teturnable He said that the cost
the proceedings had been cXa ggerated; that the
function Of the New York District Attorney ended
with the murder trial. and he could appear