The Barre daily times. (Barre, Vt.) 1897-1959, 1908-03-11
SAYS SHE MARRIED
A MADMAN, THAW
ioung Actress Wife to Try For Di-
vOrce on The Ground That Harry
Was Insane When They
Married.

New York, March Evelyn Nesbit
IIaw is to try for the annulment Of ncr
marriage TO Harry X. Thaw. The ac.
ton will be based on the allegation that
the defendant was insane when the
union was contracted Thaw purposes
tc defend the suit In the meantime
should Thaw be released from Mattea-
wan the couple BY mutual agreement,
will remain apart.
In official statements by counsel for
boen parties, was confirmed the long sus-
pfcted elimination in the welded lives
Of stanford Whites slayer and the
woman whose story in his defense
brought her an unhappy notoriety as
wide as the reading world. For weeks
i had been eossiped that divorce was
imminent and even during Thaw's last
tlial throughout which his wife stood
gamely by him, the two never again
would live together.
These reports frequently were based
on rumored opposition to the Young
woman on the part Of the Thaw family
IN their statements last night, how
eter counsel denied that Mrs. William
Tnaw, Harry's mother, had taken any
part in the proposed separation.
Gal. Franklin Bartlett, counsel for the
elder Mrs. Thaw, made a statement in
which he said that there was no truth
IN reports that detectives employed BY
Mrs. William Thaw bad had her daugh-
ttr-m-law under surveillance for months
Az TO possible separation, Colonel
rartlett said;
"Thenlatter Is inehoate There Il every
Opposition on the part Of my client to
u absolutely fair and Just toward
Evelyn Thaw and to make liberal pro.
yision for her support. and even more
than that, Harry X. Thaw has sought
reconciliation and has not desired that
his wife should leave MIN, but she de-
s-res permanent severance of the mar
ital relations. Any thought of espion.
eye upon the young Mrs Thaw would be
to Mrs. William Thaw and has
not at any time been entertained BIZ
her.
As to his clients financial resources,
Mr. 0'Reilly said tnat he thought she
had funds enough to maintain her dur
ing the trial OF the case, and as for the
future, she was capable Of earning
large income as a writer
Both lawyers emphatically denied that
Evelyn had been followed by detectives
ar that she had made any demand upon
her husbands mother for money set
lament.
1t Is understood that the attorneys for
Mrs. Thaw will depend practically on the
violence introduced in the last trial Of
Thaw to prove that be was mentally
at the time legally to con
aeet marriage, Should this be estab-
ished. the case would be won for the |
1laintif provided there was not intro.
liIced by the defense that Thaw sub. |
recovered full possession Of
iis faculties and By continuing the mar
iage relation gave validity to the orig /
al contract. This point the attor
leys would not discuss last night.
II was pointed out, however. that I
Phaw, though committed to an insane \
.sylun az having been insane at the /
ime he killed White, had not been de-
Jared insane at the present time.
Whether the matter Of his sanity will (
e determined before the trial for annu
nent is not known. III 1t il not there
gill be added interest in the probable
fleet Of the present suit upon the later
forts to get Tnaw out Of the ASYLUM
Soon after Colonel Bartlett's inter
lew became public A. Russell Peabody.
ersonal counsel for Thaw, left for Mat
eawan, where since his last trial Thaw
as been confined in the asylum for the
nminal insane. After a talk with his
lient, Peabody returned to the city late
esterday, and BY appointment met
)aniei O'Reilly, one Of Thaw's former
ttoneys, who is now counsel for Eve4
IN .Thaw. The conference extended
fell into the evening, and at its CON
lusion Mr.. O'Reilly said
Papers will be served on Mr.. Pea
ody tomorrow by me as counsel for
iYeIyn Thaw in an action for annuI-
rent Of the marriage The action will
e on the ground that at the time OF
he marriage, April 4, 1905, Harry Thaw
'as insane and did not know what he
ras doing.
This action has been thought Of for
ome time Tt will be tried in New
ork county. As yet no mention has
zen made Of any settlemtnt in favor
/ Evelyn II. after tie annulment pro-
aedings are through and they are in
ivor Of the plaintiff, some action
light be taken for the recovery Of coun-
! fees and alimonys
Mr.. Peabody who had heard Nh.
'Reilly's remarks, said
To-day ! have visited Harry at Mat
iawan and told him the intentions OF
Is wife. He is willing to defend the
lit
Mr. Peabody added that his client,
hen apprised OF his wife's intention,
I'd made no comment except to declare
lat he was sane at the time of his
arriage and to express his willingness
J meet the Issue.
Asked whether Mrs William Thaw
as active IN the planned litigation. Mr..
eabody replied:
"No, she is not
Mr.. O'Reilly added to his formal
atement that Evelyn Thaw would take
e stand during the annulment proceed.
gs and that several Of the medical ex- I
'rts who had testified at the murder A
ial also would be called. He added !
at. despite his announced determine 1
on to contest the suit, he believed that 4
haw would put no serious obstacles in a
e way Of separation If for no other I
ason than the gratitude he felt toward t
5 wife for the aid which she had rem =
red him when he was en- trial for
5 life