The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-07-14
1HAW CASE ONCE
MORE GOES OVER
Application for Jury Trial to Be
Heard at the September
Term of Court.
YOUNG WIFE NOT PRESENT
PRISONER DISAPPOINTED OVER
HER NON-APPEARANCE.

White Plains, N Y. July 13.-Pro-
ceedings in Harry X. Thaw's applica-
ton for a jury trial to determine his
mental condition were today adjourned
until the September term of the su-
preme court of Westchester county.
This arrangement was entered into
before Judge Mills by Thaw's counsel
and District Attorney Jerome of New
York. In the meantime Thaw will re-
main in the custody of Sheriff Chan
Ter of Duchess county and Will stay in
the jail at Poughkeepsie.
Thaw had been brought down from
Poughkeepsie early in the day III Gus
todv of officers. accompanied by his
counsel. Charles Morschauser and Ros-
err O'Mara, former chief of detectives
of Pittsburg, who has been active in
his defense.
Large Crowd in Court Room.
Arriving here an hour before the time
appointed for the hearing, Thaw and
the officers went out by trolley to Sill
yer Lake park, a ride of twenty miles
Returning. they reached the court room
shortly before 10. o'clock. When Thaw
entered the court house there was
large crowd in front of the building,
and in the corridors, and the court Of
ficers were obliged tc clear a passage
way for the prisoner and his custo-
dams.
The agreement 10 adjourn the pro-
ceedings until September had been en-
tered into by stipulation by District At
torney Jerome of New York and coun-
sci for Thaw before the case was called
today. When the stipulation was pre-
scented to Judge Mills in court he sad
at first that he did not approve of
the agreement, inasmuch as counsel
were not agreed as to where Thaw
should remain in the meantime.
A representative of Mr.. Jerome who
was present finally Joined in the re-
quest that Thaw be remanded 70 TIE
Poughkeepsie Jail after Mr.. Morschau-
ser had threatened TO withdraw from
the agreement and insist upon the i'm
mediate hearing on the main point at
issue.
Justice Mills then gave his approx
al to the proposed adjournment. and
directed that Thaw be remanded to the
custody of the Duchess county sheriff
until September p. when he VIII he
again produced before Judge Mills at
White Plains. and arguments will be
made on the application for a jury
| trial.
| Thaw expected his wife TO meet him
in the court room here today, AMI ex-
pressed himself as greatly disa point
ed when she did not arrive on an 9arly
train from New York.
Affidavits for Thaw.
| Mr. Morschauser brought with him
for presentation to the court several af-
| fidavits in support of his applicati on
to have Thaw detained in the Pough-
keepsie Jail while proceedings before
Judge Mills are pending. One affidavit
was by DIR. Sillo, Thaw's family physi-
clan in New York. who said:
He entered Matteawan in fairly good
physical health, mentally vigorous and
active and absolutely normal and ra-
| tional mind During my examination
while Harry Thaw was at Matteawan
he gained in weight but lost decidedly
in nervous force and stamina. TIL
gain in weight. while apparently g
symptom of increased health. was In
reality only due to the change in die
from a mixed to a steady diet and 6
carbo- hydrate food, such as bread anC
potatoes.
while such a diet might scientifical-
lly be figured out TO contain sufficient
heat values to satisfy the physiological
| demand of nutrition, 1t is also a wei
II
energy and power of endurance will de
crease in ratio to the increases in IA
and gain in weight. On July 1, aftel
his confinement in Poughkeepsie jail,
find a remarkable change, the action o.
the stomach and liver were again nor
NAL. While he had gained three OF
four pounds. his flesh had become firm
er and more healthy and his appear
ance, action and conversation denoted
a return to his former vigorous condi
ton. These improvements are solel,
due. in my estimation. to the chang
of diet, surroundings, and despite for
mer adverse and Oppressive conditions
/ have always found him rational an,
of sound mind, never showing any evi
dence of decisions or mental inferior
ity.'
Opinion of Expert.
= Another similar affidavit, by DR.. c
w pilgrim. superintendent of the Hud
son river state hospital for the insan
at Poughkeepsie, who was one of TIL
experts at the former trial, was made
DIR. Pilgrim declared that never a
any time has he observed in Thaw an,
symptoms indicating paranoia. His con
condition and conversation were at al
times rational, the doctor said, and hi
temper was under control.
one of the affidavits were made b.
A. Russell Peabody. who aid it Woul
he dangerous to Thaw's health to re
commit him to the associations at Mat
| teawan. and one by Thaw himself, VIII
reviewed his experiences in Matteawal
and in jail. and said that his expert
, ences led him to believe that his healtl
would he seriously affected if he wer
forced IN return to the asylum at Mat