The Montgomery advertiser., 1909-07-13
.THAW BEGINS
BATTLE AGAIN
Attempts to Prove Him
self Sane.
WOULD LEAVE MlITEAwAN
Commission VIII Decide His
Case.
PesghkeeDsie Citizens Tell Of Interest,"
i.g aaa Ratienal Coaversstis.s
VIA TAsw-Givss Usssss
DeAsitio. ef Eleetrseity.

White Plains, N. Y. July 12.-If
counsel can agree. commission Of
three aiienists. mutually selected, will
pass upon the question OF Harry Ken
dali Thaw's sanity.
This was practically decided before
adjournment today at q continuation OF
the hearing before Justice Mills, in
slayer are trying to establish his right
to release from the asylum for the
criminal insane at Matteawan.
With all Of today's testimony In ia
vor of Thaw, the indication was that
his wife. Evelyn Nesbitt Thaw will take
the stand in his behalf tomorrow. and
with District Attorney Jerome elimin-
ated. Thaw's chances for reie9se APP
pear brighter than at any time since
his commitment.
After string Of witnesses, who tes-
titled to Thaw's soundness Of mind.
had taken the stand today, Roger Clark.
Deputy Attorney-General who Is con-
Quoting the peoples case, informed the
court that he had been so much i'm
pressed by Thaw's Intelligent inter-
ests 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 q COM
mission Of three expert alienists. whose
decision should be fully accepted by
both parties to the suit. Charles Nor
schauser for Thaw, agreed and asked
| that DR.. Baker, superintendent of the
state asylum, and DR.. Austin Flint be
named as two Of the three.
Justice Mills favored the suggestion
for commission. but was OF the opin-
| ion that the State ought to name two
Of the three experts. With that ex-
ception. he let the personnel of the
commission to be determind by joint
counsel.
Mfr. Morschauser pressed for another
advantage for his client by asking the
court that in the event Of the selection
Of commission in iunaey, any one
who testified In previous proceedings
be barred from the examination now
| In progress Justice Mills left the
| point 20 be decided BY counsel.
l Testimpay RaSOrs xAaw.
Evefyn Nesblf Thaw. who mas been
| living IA retirement Of late ana who
may take the stand tomorrow, has
abandoned vacation plans. IT 10 an
nounced, to appear for her husband
The testimony heard today from
aliens, inn keepers, real estate dealers.
cIergymen, dentist and a reporter.
all called by Thaw, were uniformly In
his favor. -
witnesses related conversations with
him on music, dogs. cigars, literature
religion and the personality of the late
Pope Leo XIII. A Waterman learned
from Thaw that the stone age should
be placed some 500 years back. An Inn
keeper thought Thaw was perfectly
sane except that on one occasion ne
refused the witnesses invitation 70
take q drink with him. He admitted,
under cross-examination, that he nad
known rational persons to decline
drink.
Thaw's mother, Mrs. Mary Copley
Thaw; his sister. the former Countess
Of Yarmouth, and Mr.. and MIS-. JOSIAH
Thaw sat near The prisoner during the
proceedings. Thaw followed the tes-
timony with clear interest and fire.
quently prompted his lawyers In tneir
questions TO the witnesses.
Richard E. Lansing, a real estate
dealer of Poughkeepsie, the frst wit
ness, testified that he had conversed
with the plaintiff on a variety OF sub
jects at different times and that Thaw
appeared coherent and rational.
Lansing who Is trustee OF Bap-
fist Church in Poughkeepsie. testified
that he had met Thaw several times in
the chapel at Matteawan Asylum. He
discussed poetry and literature gener-
ally with the prisoner, the witness
said, and Thaw talked appreciatively
and intelligently.
Poughkeepsie, who formerly was
watchman at the Duchess County jail,
testified that while acting in that ca
pacity he saw Thaw every night from
until 9 O'Clock. He had discussed
hydraulics and the construction OK
the reservoir in the Catskills for New
York frequently with the prisoner. and
Thew rshowed q clear head on these
scientific facts" said the witness.
discussed Electricity.
Did you ever discuss electricity"
Thaw's counsel asked.
Yes, and I said to Mr.. Thaw that
I had asked a number OF experts what
electricity was without getting SAT-
isfactory answker.
" 'Electricity,' Mr.. Thaw said. "'was
a silent agent and then he went on to
describe it's principle as being mat
ter Of attraction"
Milford testified that Thaw once
gave him q cigar nine inches long and
as thick as a broomhandle. Thaw told
him 1T was a clear Havana and he
could smoke 1t at one sitting. Milford
enjoyed the cigar for a week at va
rious times before he consumed It all,
he said.
Rev Father Luke ]. Evers. pastor
of St. Andrews Roman Catholic Church
Tombs prison. told Of various CONVEX
sations with the prisoner in the
Tombs prior to his commitment TO
Matteawan. Father Evers said ThRw
displayed a broad knowledge Of GRIM
inai law and the history OF the church
in his conversation with him.
Loves Fellow Prisoners.
John J. Hanly, assistant warden at
the Tombs while Thaw was there,
testified that Thaw had interested him
self in many of the prisoners and had
been permitted to buy them delicacies
at times, which they would not 9TH
erwise have had.
Thaw was much interested in sports
and followed the ball games and races
in the papers while in the Tombs. the
witness said
Mark @ Dubois, editor OF a Pough-
keepsie newspaper. testified that he
had often seen and talked with Thaw
when he was confined in the Pough-
keepsie Jail and that the plaintiff APP
peared to him to act and talk ration.
ally.
Evelyn Nesbit Thaw has been sub
poenaed by the State TO testify at the
hearing Of the mental condition OF her
husband H. X. Thaw in prison here.
mrs. rhaw probably will tehtify to-
morrow. The State opposes Thaw's