Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-05-04
70 TRY TO PROVE HIS SANITY.
Proceedings Will be on Writ of
Habeas Corpus Issued by
Justice Morschauer.
his Attorneys Hold That Burden of
Proof is on Mr.. Jerome 10 Prove
Prisoner Insane.

y
X Thaw's fight for liberty which has
been in progress almost every moment
since he shot down Stanford White
on the crowded Madison Square roof
garden theater nearly two years ago,
was cintinued in the supreme court
today. Twice tried for the murder,
fine second time acquitted only to be
sent to the Matteawan state hospital
Ar the criminal insane. Thaw now will
sdeayor to prove his sanity and his
right to complete freedom.
BASIS OF PROCEEDINGS.
The proceedings which began today
were based upon writ of habeas cor
nus taken out at the instance of the
prisoner to procure his release from
the asylum The writ was issued by
Justice Morschauer at White Plains.
on April %, on application Of James G.
Graham, a Newburough attorney. 1t
was made returnable before Justice
Morschauer in this city today.
An interesting insight into Thaw's
matriomnial affairs which have at
tracted much attention since his re-
moval to the asylum, was contained in
statement given out by A. Russell
Peabody one of Thaws 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 annulment 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 witness in her hus-
bands behalf should her testimony
be necessary TO obtain his freedom. He
did not know whether Il would be
necessary TO call her to Poughkeepsie,
he said, but II he believed It necessary
as the case develops. she win be sum
moned.
THAW TO GO ON STAND
Thaw himself undoubtedly viii go on
the stand in his own behalf. Mr.. Pea
body said He declared that the pris-
oner is willing to submit to any ex-
animation the court or the district at
torney may desire as proof of his SAN
ity.
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 Assist
ant District Attorney Garvin would
make at the opening Of the hea sng.
I'VE want the case tried in Duohass
county" said Mr.. Peabody. "Thaw's
place Of confinement is here. Tho
writ was made returnable here. and
we believe that the crowds of curious
teoplC which would be attracted in
New York can be avoided in Poush-
keepsie.
we hold that the burden of pcnof
rests upon Mr.. jerome to show that
Thaw is insane. He has never bee1 de-
clared to be insane. Mr. Jeroma's
commission in the first trial adjudged
lIm sane. The jury In the second
trial deemed him insane at the time
he killed White"
THAW LOOKS RUGGED.
As the capacity of the courtroom is
no more than 200, cards were issued
to those admitted A score of wo-
men were among the spectators. Har-
r. rhaw reached the courtroom at
1915 He was In the custody Of Amos
7, Rakcr. acting superintendent of
The Matteawan asylum. and two at
londants. Thaw looked rugged and
we'll and his appearance indicated
that he had plenty of outdoor life At
Matteawan. He took seat at tho
counsel table with his lawyers and at
once entered into earnest conversa-
ton with Mr.. Graham, who Ia In
charge ~ the habeas corpus procae1-
'ngs private detective sat behind
Ihaw and was Joined later by Roger
oMura. the Plttsburg detective who
nelped in the preparation OF Thnv
defense Thaw toyed nerYously "iih
ms handkerchief while waiting iCr
court 10 open. This was delayed un-
~ after / 1 o'clock owing to the late
arrival Of Asst. Dist. ATTY. Garvan OF
New York In court We're Warden
fllnn of the tombs prison, New York.
ana nine or 10 other attaches, ana
ulree chaplains from the same prison,
no had been summoned by Thaw 10
leSlliy as to his behavior while in
prison
me opening OF the hearing was de-
Iayed by conference between Dist.
Any Mack ana Duchess county and
AAhl Dist Atty. Caravan OF New York.
IT. baker, the acting superintendent OF
we Matteawan asylum, was called I'm
=" the conference AT the conclusion of
mon Mr.. Graham formally filed his
,,rU ana received from Dist. Atty.
,,a'k his return TO II. Dist Atty.
Mack then moved that the proceedings
W. sent to New York county
Mr Mack said he was informed that
would cost Duchess county $4,000
f0ess county He thought It would
W pad for the taxpayers Of Duchess
,opnly n the precedent were estab-
here ''''
MUST HAVE COMMISSIONS.
ar Caravan said that the trial would
mlolFo sending commissions to Parlh,
,iohle Carlo and other places In Eu.
ops 10 obtain evidence as TO Thaw's
ssnlly He argued that the case
dlngld be concluded under the juris-
u',,lon whore It originated.
cE Graham opposed the motion He
Intended that the proceedings should
A. Red under the statute IN the ju-
,al district where the habeas corpus
NO. made retunable, He said that
@ Ataiement 81 cost OF the proceedings
NY been exaggerated that the func-
,s o4 of The New York district attorney
,heH with the murder trial and. that
ANY, new York district attorney could
rgear only by courtesy OF the court
ney 'V'' ''''''s "'N'r''' "''''
To spend $40. COO would he n waste