The Birmingham age-herald., 1909-07-13
THAW IS SEEKING
 ENTIRE FREEDOM Much Progress Is Made in the
 Hearing at White Plains FLAWS WIFE WILL APPEAR
Witnesses Relate Conversations With Thaw on Many Subjects and They Say He Shows No
 Signs of Insanity.

White Plains, N. r., July Elf counsel can agree, a commission of three alienists. mutually selected, will pass upon the question of Harry K. Thaw's sanity. This was practically decided before adjourn ment today at continuation of the hear ing before Justice Mills. in which coun- sel for Stanford Whites slayer are trying to establish his right to release from the asylum for the criminal insane at Mat teawan.
 With all of today's testimony in favor of Thaw, and with the indication that his wife, Evelyn Nesbitt Thaw, will take the stand in his behalf tomorrow, and with IsistricL Attorney Jerome eliminated, Thaw's chances for release appear bright CT than at any time since his commit ment.
 After a string of witnesses who testified to Thaw's soundness of mind had taken the stand today, Roger Clark, deputy at- torney general, who is conducting the peoples case, informed the court that he had been so much impressed by Thaw' s intelligent interest in the issues at stake that he was willing to concede Thaw' s right to full and impartial examination. He suggested that counsel for Thaw and counsel for the people agree to comms- sion of three expert alienists, whose de- cision should be fully accepted by both parties to the suit
 Charles Morschauser for Thaw agreed. and asked that Dr. Baker, superintend- ent of the state asylum and Dr. Austin Flint be named as two of the three
 Selection of Commission.
 Justice Mills favored the selection of O commission. but thought the state should name two of the members. With that exception he left the personnel of the commission to be determined by joint counsel. MT Morschauser pressed for an other advantage for his client by asking the court that in the event of the selec- tion of a commission in lunacy, any who testified ill prev:ous proceedings be barred from the examination now in progress Justice Mills left this point also to be decided by counsel
 Evelyn Nesbit Thaw. who has been liv- ing in retirement of late and who may take the stand tomorrow, has abandoned vacation plans, 1t is announced, to appear for her husband. The testimony heard to- day from jalers, innkeepers, real estate pcrtsry all called by Thaw, were uniform ly In his favor.
 Witnesses related conversations with him on music, dogs, cigars, literature, electricity, geology prison life, sport, re- ligion and the personality of the late Pope Leo XIII. A watchman learned from Thaw that the stone age should be rlla hoD keeper thought Thaw perfectly sane ex- cept that on one occasion he refused the witness invitation to take a drink with him. He admitted, under cross -examina- ton, that he had known perfectly rational people to refuse to take a drink
 Thaw's Relatives Present.
 Thaw's mother, Mrs. Mary Copley Thaw; his sister, the former Countess of Yarmouth, and MT. and Mrs. Josiah Thaw sat near the prisoner during the pro- ceedings. Thaw followed the testimony with clear interest and frequently prompt ed his lawyers in their questions to the witnesses Richard E. Lansing. real estate dealer of Poughl1eepsie, the first witness testified he had conversed with the plaintiff on a variety of subjects at different times and that Thaw always appeared coherent and rational.
 Lansing, who is trustee of Baptist church in Poughkeepsie. testified that he had met Thaw several times in the chapel at Matteawan asylum. He discussed poetry and literature generally with the prisoner, the witness said, and Thaw talked ap- preciatively and intelligently.
 Oscar Mulford another citizen of Poughkeepsie, who formerly was watch man at the Duchess county jail, testi- fled that while acting in that capacity he saw Thaw every night from to o'clock He had discussed hydraulics and the con- struction of the reservoir in the Cats kills in New York city, and Thaw showed a clear head on these scientific points, witness said.
 Electricity Discussed.
 Did you discuss electricity?" Thaw's counsel asked
 And I said to MT. Thaw that I had asked many experts what electricity was without getting a satisfactory answer. Electricity, MT Thaw said, was silent agent and then he went on to describe Its principal as being a matter of at traction.
 Mulford testified that Thaw once gave him cigar nine inches long and as thick as broom handle. They told him it was clear Havana and he could smoke it at one sitting. Mulford enjoyed the cigar for week at various times before he consumed it all, he said.
 The Rev. Father Luke E. Evers, pastor of St. Andrews Roman Catholic church in New Yirk and chaplain of the Tombs prison, told of various conversations with the prisoner in the Tombs prior to his commitment at Matteawan. Father Evers said Thaw displayed a broad knowledge of criminal law and the history of the church in his conversation.
 John J. HenIy, assistant warden at the Tombs while Thaw was there, testified that Thaw had interested himself in many of the prisoners and had been permitted to buy them delicacies at times which they would not otherwise have had
 Thaw was interested in sports and fol- lowed the baseball games and races while in the Tombs. the witness said.
 Mark Dubois. editor of a Poughkeepsie newspaper. testified that he had often seen and talked with Thaw when he was confined in the Poughkeepsie jail and that the plaintiff appeared to him to act and talk rationally.
 Witness Recalled.
 Father Evers was recalled as witness at the afternoon session. Upon return Ing from visit to Rome, Thaw asked him if he had met Pope Leo, the witness testified
 T told him had seen and met thd