Middlebury register. (Middlebury, Vt.) 1886-1937, 1908-03-13
SEEKING DIVORCE
Wife of Harry Thaw VIII
Never Again Live With Him
CLAIM OF THE PLAINTIFF +
Defendant Was Insane and Did Not
Know What He Was Doing When
He Married In IeO5--Expresses His
Willingness to Meet the Issue

ne marTIeO IN lSOO--G<DT6SSeS tbs
Willingness to Meet the Issue
New York, March 11.-EVelyn n.
Thaw today instituted proceedings for !
the annulment of her marriage to Harry |
h. Thaw The action is based on the
allegation that the defendant was in
sane when the union was contracted. |
Thaw purposes TO defend the suit. An |
early trial is expected. In the mean |
time, should Thaw be released from
Matteawan, the couple. by mutual
agreement. will remain apart.
In official statements by counsel for
both parties was confirmed the long |
suspected 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
it had been gossiped that divorce was
imminent. and even during Thaw's last
trial, throughout which his wife stood
gamely by him. it was pretty generally
believed that whatever the outcome for
the prisoner, 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. however. counsel
denied that Mrs. William Thaw. Harrys
mother. had taken any part in the pro
posed separation.
Franklin Bartlett. counsel for the
elder Mrs. Thaw. made statement in
which he said that there was no truth
in reports that detectives employed by
Mrs. William Thaw had had her daugh-
ter-n-law under surveillance for
months.
Soon after Bartletts interview be-
came public. A. X. Peabody, personal
counsel to Thaw. left for Matteawan,
where since his last trial rhaw has been
confined in the asylum for the criminal
| insane. After Il talk with his client.
Peabody returned to the city and by APP
pOintment met Daniel O'Reilly. one of
| Thaw's former attorneys. who is now
counsel for Evelyn Thaw. The confer
ence was lengthy and at its conclusion
| O'Reilly said:
Papers will he served on Mr.. Pea
body by me as counsel for Evelyn Thaw
in an action for annulment of the mar
| rage. The action will be on the ground
that at the time of the marriage. April
4, 1905. Harry Thaw was insane and
did not know what he was doing. This
action has been thought of for some
time. 1t will be tried in New York
county. AS yet no mention has been
made Of any settlement in favor of Eve
Ign. If after the annulment proceed.
ings are through and they are in favor
of the plaintiff, some action might be
taken for the recovery of counsel fees
and alimony"
Mr.. Peabody, who had heard O'Reil-
ly's remarks, said; II have visited Harry
at Matteawan and told him the nten-
tons of his wife. He is willing to de-
fend the suit Peabody added that
his client, when appraised Of his wfes
J intentions, had made no comment eX-
cept to declare that he was sane at the
time of his marriage and to express his
willingness to meet the issue.
| II
for Mrs. Thaw will depend practically
on the evidence introduced in 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 bt
won for the plaintiff, providing Their,
was not introduced the defense tina
Thaw subsequently recovered full pos
"a session of his faculties and by cOntinu
ing the marriage relation gave valdit,
to the original contract. This point tn,
attorneys would not discuss.
1t was pointed out, however, tina
Thaw, though committed to an insane
asylum as having been insane at thu
time he killed White, had not been de
clared insane at the present time
Whether the matter of his sanity will b
determined before the trial for annul
ment is not known. If it is not Their
will be added interest in the proba bl
effect of the present suit upon the late
= efforts to get Thaw out of the asylum.
Tho nuakar Pr;doa nieae%a~