Los Angeles herald., 1908-05-05
THAW OUT
OF ASYLUM
MILLIONAIRE TEMPORARILY
LEAVES MATTEAWAN
HELD IN JAIL TO AWAIT FINAL
DECISION
Slayer of Stanford White Making
Earnest Efforts to Prove Him
self Sane-Wlfe to
Aid Him


Aid Him
By Associated Press.
POUGHKEEPSIE N. Y, May A.
Temporarily, at least, harry Kendaii
| Thaw Is out of the Matteawan hospi-
tai for the criminal insane.
AS a result of today's progress on
the writ of habeas corpus, brought In
an effort to have him declared sane,
he will remain in the Duchess county
| Jail until the final decision on the VIII
| is handed down.
The formal hearing in the case will
come before the supreme court here
next Monday.
The adjournment was taken upon re-
quest of a representative of the dis
| trict attorney of New York in order
| to give District Attorney Jerome
chance to appear in person to oppose
| Thaw's release from the asylum
| In the meantime Thaw Will remain
| in the Duchess county jail here instead
of returning to Matteawan.
Thaw appeared to be in excellent
health today, having gained fully
twenty pounds in weight since ms
transfer to the asylum from the
| Tombs.
one of the interesting features Of to-
days proceedings was an announce
ment that Evelyn Nesbit Thaw, al
though she has brought suit for an
nulment of her marriage, Will appear
If necessary, as a witness In her hus-
bands behalf. -,
! Thaw himself undoubtedly will go
on the stand in his own behalf, MT.
Peabody said. He declared that the
prisoner is willing to submit to any
examination the court or the district
attorney may desire as PROOF OF MS
sanity.
Oppose Removal
Mr. Peabody. said he and Mr.. Gra-
ham will oppose any attempt to have
the case transferred to New YORK
county, which 1t was reported Assis-
, tant District Attorney 'Garyan would
4 make at the opening hearing.
I'VE want the case tried in Duchess
county" said Mr. Peabody. "Thaw's
place of confinement is here. The writ
was made returnable here and we be-
lieve that the crowds OF curious people
which would be attracted In New YORK
can be avoided in Poughkeepsie.
I'VE hold that the burden of proof
rests upon Mr.. Jerome to show that
Tht.v is insane. He has never been
declared to be insane. Mr.. Jerome's
commission in the first trial adjudged
him sane. The jury in the second trial
deemed him insane at the time he
killed White"
AS the capacity of the court room
is not more than 200 cards were issued
to those admitted. A score of women
were among the spectators. Harry K.
Thaw reached the court room at 10:45
He was in the custody of Ames t.
Baker, acting superintendent or the
Matteawan asylum, and two atten-
dants.
nd a n
appearance indicated that he had
plenty of outdoor life at Matteawan.
He took a seat at the counsel table
with his lawyers and at once entered
into earnest conversation with Mr.. Gra-
ham, who is in charge of the habeas
corpus proceedings.
Guarded by Detectives
A private detective sat behind Thaw
and was joined later by Roger O'Mara,
the Pittsburg detective who helped in
the preparation of Thaws defense.
lkerchief while waiting for court to
open. This was delayed until after IL
lo'clock owing to the late arrival of As
sistant District Attorney Garvan of
New York.
In court were Warden Finn of the
Tombs prison, New York, and nine or
Item other attaches, and three chaplains
from the same prison, who had been
summoned by Thaw to testify as to his
behavior while in prison.
The opening of the hearing was de-
layed by a conference between District
Attorney Mack of Duchess county and
Assistant District Attorney Garvan of
New York DR.. Baker. the acting SUI
perintendent of the asylum was called
in the conference, at the conclusion
of which Mr.. Graham formally filed his
writ and received from District Attor-
ney Mack his return to 1t. District
Attorney Mack then moved that the
proceedings be sent to New York
Icounty.
Mr.. Mack said he was informed that
It would cost Duchess county 100000 to
have the proceedings tried in Duchess
lcounty. He thought 1t would be bad
for the taxpayers of the county If the
precedent were established that such
cases must be tried here.
Mr.. Garvan said that the trial would
: involve sending commissions to Paris,
Monte Carlo and other places in Europe
to obtain evidence as to Thaw's sanity
He argued that the case should be con-
cluded under the jurisdiction where II
, originated
Mr. Graham opposed the motion. He
contended that the proceedings should
he tried under the statute in the judicial
district where the habeas corpus was
returnable He said that the statement
} of cost of the proceedings had been ex-
aggerated: that the function of the New
York district attorney ended with the
murder trial and that the New York
district attorney could appear only by
courtesy of the court.
0To spend $4,000 would be. waste of
, 1.-THE public money. It can be entirely
/. regulated by the district attorney of
Duchess county, as he must audit the
! bills"
Mr.. Graham raised the question as to
, where Thaw should be confined during
the proceedings and the court ordered
him committed to the Duchess county
iali. Thaw smiled with pleasure at the
announcement
ii 1t was arranged to adjourn the pro-
Jerome can be here on that date.