The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-05-04
The Slayer of Stanford White
Tries Once More
To Secure His Freedom From
the Laws Restraint.
HABEAS CORPUS WRIT
Brings His Case Before the
Supreme Court.
Will Make an Effort to Estab-
lish His Sanity.

Poughkeepsie, N. Y, May 4-Tempor-
arfly at least, Harry K. Thaw is out
of the Matteawan hospital for the GRIM
inal insane. AS result Of tOday's
proceedings on the writ Of habeas cor
pus brought in an effort to have him
declared sane, he will remain in the
Duchess county Jail until the final de-
cision is handed down. The formal
hearing in the case will come before
the supreme court here next Monday.
The adjournment was taken upon the
request of the representative OF the
district attorney of New York county
to give District Attorney Jerome an
opportunity to appear in person to op-
pose Thaw's release from the asylum.
In the meantime Thaw will remain in
the Dutchess county Jail here instead
of being returned to Matteawan.
Thaw appeared to be in excellent
health today, having gained fully 20
pounds in weight since his transfer to
the asylum from the Tombs. One Of
the interesting features of today's pro-
ceedings was an announcement that
Evelyn Nesbit Thaw, although she has
brought suit for annullment of her
marriage, will appear if necessary as
a witness in her husbands behalf.
The proceedings which began today
were based upon a writ Of habeas cor
pus taken out at the instance of the
prisoner to procure his release from
the asylum. The writ was issued by
Justice Morschaur.
An interesting insight into Thaw's
matrimonial affairs which have at
tracted much attention since his re-
moval to- the asylum, was contained in
a 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 the two trials of her husband for
murder and who has begun suit for
the annullment of her marriage to
Thaw, has not seen her husband in
more than two months. Mr.. Peabody
said, however, that Mrs. Thaw has Of
fered herself as a witness in her hus-
bands behalf should her testimony be
| necessary to obtain his freedom. He
| did not know whether it would be nee
essary to call her to Poughkeepsie, he
said, but, if he believed it necessary as
| the case develops she will be sum-
moned.
Thaw himself undoubtedly will go on
| the stand in his own behalf, Mr.. Pea
body said. He declared that the pris-
oner is willing to submit to any exam
| ination the court or the district attOr-
ney may desire proof Of his sanity.
Mr.. Peabody said he and Mr.. Gra-
ham will oppose any attempt to have
| the case transferred to New York
county, which it was reported Assistant
District Attorney Garvan would make
at the opening of the hearing.
I've want the case tried in Duchess
county," said Mr.. Peabody. 'Thaw's S
place of confinement is here: the writ
| was made returnable here and we be-
lieve that the crowds of curious people
which would be attracted in New York,
| can be avoided in Poughkeepsie.
I'VE hold that the burden of proof
rests upon Mr.. Jerome to show that
| Thaw is insane. He has never been
declared to be insane. Mr.. Jerome's S
commission in the first trial adjudged
him sane. The jury in the second trial
deemed him insane at the time he kill
ed Stanford White"
Court convened in the supervisors s
room in the court house and as the ca
| pacity of the room is not more than
200 cards were issued to those admit
ted. A score of women were among
the spectators.
Harry Thaw reached the court room
at 10:45. He was in the custody OF
Amos T. Baker, acting superintendent
of the Matteawan asylum and two at
tendants. Thaw looked rugged and
well and his color indicated that he
has had plenty out Of door life at Mat
teawan. He took a seat at the counsel
table with his lawyers and at once en-
tered into conversation with Mr.. Gra-
ham, who is in charge Of the habeas
corpus proceedings. A private detec-
tive sat behind Thaw and was Joined
later by Roger O'Mara, the Pittsburg
detective, who helped in the prepara-
ton of Thaw's defense. Thaw toyed
nervously with his handkerchief while
waiting for court to open. This was
delayed until after IL o'clock owing to
the late arrival of Assistant District
Attorney Garvan of New York.
In court were Warden Flynn of the
Tombs prison, New York, and nine OF
ten other attaches and three chaplains
from the same prison. who had beer
, summoned by Thaw to testify as to his
behavior while in prison.
The opening of the hearing was de-
| layed by a conference between District
Attorney Mack of Duchess county, an6
Assistant District Attorney GArvan o.
New York.
DR.. Baker, the acting superintendent
of the Matteawan asylum was called
into the conference at the conclusion
of which Mr.. Graham formally filed his
writ and received from District Attor
| ney Mack his return to it, Distric
Attorney Mack then moved that tn,
proceedings be sent to New York coun
ty.
Mr.. Mack said he was informed tina
it would cost $4,000 to have the pro
| ceedingS tried in DutcheSs county. H
thought it would be bad for the tax
payers of Duchess county il the pre-
a cedent were established that cases mus
be tried here.
Mr. Garvan said that the tria
}, would involve sending commissions t.
e Paris, Monte Carlo and other places II
q Europe to obtain evidence as to Thaw'
a sanity. He argued that the case shoul
0 be concluded under the jurisdiction
| where it originated.
Mr.. Graham opposed the motion. H
:: contended- that the, proceedings shoul
I be tried under the statute in the ju
a dicial district where the habeas corpu
: | was made returna BILE. He said that tn
a statement Of cost of the proceeding
s had been exaggerated; that the func
I ton of the New York district attorne
a ended with the murder trial, and tha
n the New York district attorney coul
lappear only by courtesy of the cour