The Montgomery advertiser., 1908-03-11
EVELYN WANTS A SEPARATION To Sue Harry Thaw For
 Divorce. WILL SERVE PAPERS TODAY Stanford Whites Slayer Will De-
 fend the Suit. Action for Divorce win Be On the Ground that at Time of Marriage
 Thaw Was In-
WILL SERVE PAPERS TODAY

New York, March 10.--Evelyn Nesbit Thaw tomorrow will institute proceed ings for the annullment of her mar riage to Harry K. Thaw.
 The action will be brought on the allegation that the defendant was in- sane when the union was contracted. Thaw purposes to defend the suit. The papers in the case will be served some time tomorrow and an early trial is expected. In the meantime, the two. by mutual agreement, will remain apart.
 In official statements by counsel for both parties tonight, was confirmed the long g-suspected continuation in the wed1 ded lives of Stanford Whites slayer and the woman whose story in his de- fense brought her an unhappy notoriety as wide as the reading world. For weeks 1t had been gossipped that divorce was imminent and even during Thaw's last trial. throughout which his wife stood gamely by him. 1t was pretty generally believed that what ever the outcome for the prisoner. the two would never again live together. These reports were frequently based on rumored opposition to the young women on the mart of the Thaw fam fly. In their statements, however. counsel denied that Mrs. Thaw. Harrys mother, should take any part in the proposed separation.
 During The day Col. Franklin Bart lett counsel for the elder Mrs. Thaw. made a statement in which he said that there was no truth in the reports that detectives employed by Mrs. Will liam Thaw had her daughter-in-law under surveillance for months. As to a possible separation. Colonel Bartlett said:
 Harry Wants ReconciliatlOn.
 "The matter is in chaos. There Is every disposition on the part of my clients to be absolutely fair and just toward Evelyn Thaw and to make lib- eral provision for her support. and even more than that. Harry K. Thaw has sought reconciliation and nas not hs,t aha desires a fermanept severance of the marriage reiations. Any thought nf 9abionane upon the young Mrs. Thaw would be abhoFrent to Mrs. Will liam Thaw and has not at any time been entertained by her"
 Soon after Colonel Bartletrs ihter- view became public. 4. Russell Peabody, nersonai counsel to Thew; left for Mat teawan, where since his trial Thaw has haen confined in the asylum Tor the criminal insane.
 y After a talk with his client. Mir. Pea. body returned to the city late today and by appointment met Daniei ORe;ll.y one of Thaw's former attor- news, who is now counsel TOT EVeIyn Thaw.t The conference extended well into the evening and at its conclusion MT. O'Rsiliy said ,,- p . "Pauarx will be served on MT. Pea" body tomorrow by me as counsei TOT Evelyn Thaw in an action Tor the an- nulment of their marriage. IhS acIlon
 
 oT tha marriage, April 4. lS05, Harry Tn n was insane, and did not know what he was doing. =, Co, ' "This action has been thought or TOT nonne lime. It will be tried Tn NeW York County. As yet no mehtIon ns been made of any settlement m Aavor SS EsveIvn. If, after the annulment pro oaoS,rer. are through, and they are In favor of the plaintiff. some action mIght he taken for the recovery or counsel fees and alimony. o,p.u. ley's remarks. said: ,,..
 'aToday I have visited Harry at M~ teawan and told him the Ihtentio .SA his wife. He is willing to defeno the suit" 1. u,,.n4 |
 Mir Peabody added that his client | v,han anurised of his wife's intentions had made no comment except to ue clare that he was sane at the time or | his marriage and expressed ms "iiI' inRness to meet the issue.
 Asked whether Mrs. William Thaw was active in the planned litigation Mir. Peabody replied;
 No, she Is not"
 Evelyn Will Write.
 MT. o'Reilley added to his formal statement that Evelyn would take the | stand during the annuiment proceed inra and that several of the medical f- der trial, would also be called. He | added that despite his announced de- Termination to defend the separation 1t | no other reason than that gratitude he | felt toward his wife for the aid she | had rendered him when he was on trial for his life. As to his clients financial resources OReilly said he thought she | had funds enough to maintain her du- ring the trial of the case and as for | the future was capable of earning a large income as a writer.
 Both lawyers emphatically denied | that Evelyn had been followed by de- tectives or that she had made any de- mand upon her husbands mother for a money settlement. It is said that Mrs Thaw will depend practically up- on the evidence of insanity introduced at the last trial of Thaw to prove that he was mentally incompetent at the time to legally contract a marriage. Should this be established. the case would be won for the plaintiff provided there was not introduced the evidence that Thaw afterward recovered his faculties and by continuing the mar riage relation, gave validity to the or- iginal contract.
 This point the attorneys would not discuss tonight. It was. however, pointed out that Thaw. though com mitted to an insane asylum as having been insane at the time he killed White has not been declared insane at the present time. Whether the matter of his insanity will be determined before the trial for annulIment Is not known. If it Is not. there will be added inter est in the probable effect of the suit upon the later effort to get Thaw out of the asylum.