New-York tribune., 1908-08-13
MAY MAKE THAW FREE
ADJUDGED II BANKRUPT.
BeEered Nert Move VII Take Hum
from This Jurisdiction.

Pittsburx Aug 12.-Harry K Thaw was Iol
maily adjudged bankrupt at IL o cioeA
by w r Blair. referee in bankruptcy rms ac
ton was a surprise to those interested IN 'he
c,sa as William T Lindsay, United States COM
missioner had set August 81 as the date Tor
the adjudication No explanation Of the chanse
of plans and this mornings action has been
made. but 1t is believed here that Receiver Roger
O'Mara's visit to Thaw at Poughkeepste yester-
day may have had something TO do with to-days
move o'Mara was hurriedly summoned by Thaw
Monday.
No hearing was held previous to the entering
Of the formal order of adjudication, ana Rereree
Blair has not announced the Gate OF the nrst
r,.at,ne Of Thaw's creditors Under the law this
must be held not than ten days and with
in thirty days Referee Blair will probably an
nounce the date for the meeting Of creditors to-
morrow
An effort will be made to bring Thaw to Pitts
burg for the first meeting of creditors. and un-
less District Attorney Jerome Of New YORK IS
able to prevent his coming it is believed Thaw
will be in Pittsburg within thirty days
Thaw's petition in bankruptcy was hled on
August and Roger OMara named as re-
ceiver The petftfon sets forth that Thaw's liza
blities are S453.14O 43 and his assets SlZoOlZ o.
At the office of Referee Blair ii was stated TO-
day that no movements have yet been mace 10
contest the bankruptcy petition Usually IL Is
said, efforts to contest a bankruptcy Prooeeuins
are made before the adjudication
In order to have the proceedings in this case
set aside it was said. II will be necessary 10
bring petition for the revocation OF the oroer
of adjudication In the absence OF ieuerdi
judge from the district this Woulo De uohe oeh'4e
Referee Blair.
Every move in the Thaw proceedings has shown
the determination of Thaw and his counsel to take
his case out the New York courts and force a
hearing on the question of his mental condition IN
the courts at Pittsburg. Local attorneys say tnae
anv of Thaw's creditors have the legal right to
appeal to the United States Court here to nave
Referee Bair's order of adjudication set aside on
the ground that Thaw is insane This would carry
the question of Thaw's sanity before the United
States District Court. which would decide wnetner
Thaw has right TO proceed as bankrupt
The question of Thaw's sanity also be raised
at the first meeting Of the creditors Any creditor
has the right TO demand Thaws appearance at this
meeting and when he is produced the question OF
his mental condition be raised by an objection
to his being allowed to testify the ground that
he is insane and therefore not competent wit
ness This also would require ruling from the
United States District Court
BY those who are following the case II is be-
1ieved that Thaw will be able TO procure ruling
on the question of his sanity in the Pitsburg courts
as soon as he is brought within the jurisdiction Of
this state.
Among attorneys there appears TO be a general
belief that those in charge of Thaws case will not
be content to have the sanity case passed on only
by the federal court as an incident in the bank
ruptcy proceedings, because such decision, II IS
said would have nothing more than moral effect
upon his case in New York. Those who take this
view believe that soon after Thaw is brought here
to face his creditors inquest in lunacy will be
instituted local county courts II the verdict in
such inquest should be that Thaw is sane, New
York authorities probably would be unable TO get
him back to state. where the only ground for
holding him a prisoner at present is that he Ia an
insane person.
Thaw's status would then be the same as that OF
John Armstrong Chanler. of Richmond. Va. who is
held to be insane in New York State. but sane IN
Virginia his native state, where he has been living
since escaping from New York asylum It Is not
safe, however for him visit New York and
property he-oWns there is controlled by guardian