New-York tribune., 1908-08-09
ASSUME THAW SANE
BANKRUPTCY CASE BASIS.
Euelyn Viii Retain Income n
Bitter Attacb by O'Mara.
tBy Telegraph to The Tribune. ]


Pittsburg Aug. s-Possibly the most important
development to-day in the bankruptcy case OF
Harry K. Thaw and that indicates better than
anything else the plans of Thaw's counsel was the
declaration by Ex-Governor William A Stone
Thaw's local counsel that he is proceeding on the
assumption that Thaw is sane now. and that the
verdict that cleared him of the murder of Stanford
White the ground of insanity referred only 10
his mental condition at the time the crime was
committed. It is said Thaw's friends seek 10 have
him brought here within sixty days. when they VIII
ask that he be declared sane. Such an action would
not invalidate his commitment TO Matteawan. but
would. it is believed, have great moral effect on
the New York courts.
William r. Blair, referee in bankruptcy to-day
informed Thaw to appear here August q to be
adjudged bankrupt. The appearance VIII De eii-
tered by Ex-Governor Stone and Thaw Will De kept
at Poughkeepsie until later developments MAKE
necessary his presence here. It is said Ihaw nius'
attend at least meeting of his creditors
The bankruptcy proceedings VIII no" rare tiie
following course:
Counsel for Thaw will appear before william N, n, n
Blair, referee in bankruptcy, on AqguSI ID md
the petitioner will be declared ; phhI ~ eet u
within thirty days thereafter there VIII De a iiie
The claims Of all the creditors must then be be
fled. and Roger OMara, as receiver for ThaW' VIII
contest all the claims now in dispute 49,, d
After their claims have been approved the , creo,
itors may raise the question OF IhaT satE fdarsi
court will then appoint commission 10 eAaifiiiie
Roger o'Mara astounded the natives at Pittsburg
today with the bitterness of his attack the
as ..bunco men'' and as petty grafters." OMara's
interview was widely published and displayed here
7 don't Know much about this recefvership bust
my old line OF work. The job now is to get lot
OF thieves and bunco men, and used TO be pretty
good d that
o'Mara then turns his attention to Thaws at
torneys whom he talks of in rough % words S 9iS Ig
more than s1oS.0oD. much of it to pay claims
to ThaW morning in the 1OfnbS ana
told him that he had lost $4,000 Of his money
always told Thaw he was being robbed but that
Harry would not listen to him But now. says
OMara, in closing, they have all got 10 snow me.
Governor Stone to-day denied the statements at
tributed TO him that the bankruptcy proceedings
would be great blow TO Evelyn Nesbit Thaw and
would shut off her demands. Mr.. Stone said that
Mrs Harry h Thaw could not be considered as
a preferred creditor. but that her income would
not be impaired. He further stated that the pro
ceedings would safeguard Harry X. Thaw's in
come from the Thaw estate. as ali that is avail
able under the law is his personal estate.
A close friend Of the Thaw family, who is in
position TO know, said to-day that the income of
Evelyn Nesbit Thaw would not be affected by the
bankruptcy proceedings According TO this in
formant, after the first trial a trust fund
created for young Mrs Thaw. from which she de-
rives income of about $4,000 a year. This fund
created by Mrs Mary c. Thaw, Harrys
mother and for this cannot be considered
an asset Of Harry X. Thaw.
On account of the Thaw case and the questions
involved. Judge R. W. Archbod, of Scranton. Penn.
will come here next week to sit in the United
States District Court, in the absence of Judge
James S. Young, who is in Europe
Harry h Thaw's attempt to have himself de-
clared a bankrupt will be fought by Dan O'Reily,
twice his counsel when he being tried for his
life. in the United States here Thaw alleges
in his schedule. that he paid 1000 to OReiy for
his services, and there is also this item, Daniel
OReflly. S. 900. Disputed
'Thaw has right to go into bankruptcy said
o Reilly, who is Mrs. Thaw's personal counsel, yes
terday. He is lunatic in the eyes of the law
AS such he is absolutely deprived of control of
his person and property 1t is surprising to that
Mr. Morschauser. whose brother. justice of the
Supreme Court, declared Thaw insane should lend
himself such a by Thaw.
''Thaw's act forces to apply for the ap-
pontment OF a committee of the person for Thaw.
so that I may protect my own rights The 5000
claim which he mentions in his schedule IS no claim
at all. At the time of the annulment proceedings
a certified check drawn by Mrs Thaw. sr-, and
payable TO A. Russell Peabody and myself, for the
use Of Mrs. Evelyn Thaw, was turned over TO me-
Mr Peabody did not indorse his part of II and
;c IN