New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-06-18
Opening of Third Attempt to
Prove Sanity Marked by Sharp
Passages of Counsel.
WITNESS GONE, IS CHARGE
Jerome Declares She Was Sent
Away, and Produces Letter,
but Court Refuses to Ad-
nit It in Evidence.


Yesterday at the third attempt of Harry X.
Thaw to prove his sanity and obtain his
release from the Matteawan State Asylum,
Lefore Justice Keogh in the Supreme Court
White Plains. Former District Attorney
Jerome. who prosecuted Thaw for the kill
ing Of Stanford White, was on hand to con-
duct the case for the state He has been
retainec as a special deputy attorney
general Mr.. Jerome had a large trunk
beside the lawyers table. filled with books
letters and innumerabe exhibits which he
drew upon in the examination OF
Thaw's witnesses.
II is understood that considerable new
evidence and testimony more sensational
than some Of that given at the Thaw trials
will be produced by the state in opposition
to Thaw's release EVELYN Nesbit Thaw
will be the first witness called 10y the state.
II was said, and is expected TO amplify the
startling story she told at the trials Ihaw
Il expected to take the witness stand in
his own behalf. Clifford W. Hartridge, who
was the first attorney Thaw retained after
ne shot White and who after the trials
sued Mrs Mary Copley Thaw, Thaw's
mother. for part Of his fee, was in court
as a witness for the state. The elder Mrs
Thaw will be a witness also.
Thaw did not show any disappointment
because Justice Keogh had denied MN
fury trial He seemed to be well pieascd
because he had succeeded in getting his
case before the court again. He sat win
his mother and sister, Mrs. George l. car
neR1e. and was IN good spirits. AS phNs'-
clans and laymen called by his counsel
Clarence J. Shearn, all testified that they
believed him to be entirely sane at the
peesent time The Matteawan inmate arose
and greeted several friends effusively. VINO
came into court during the proceedings
Asked II he thought he would gain his llo-
ertv this time Thaw said he believed ne
would
Same Curious Crowd Present
The same throng Of curious men and
women that attended the former hearings
crowded the courtroom long before Justice
Keogh opened court II was notceaoie
that there were more women and girls pres
ent than men crowd hung around out
side the county Jail in order TO get
glimpse Of Thaw he was taken INTO
court. He has occupied comfortable quar-
ters in the jail for a week in order to lie
more accessible to his counsel He sdid
himself that he liked it there very mnch
better than at Matteawan. Mrs InaW me
petitioners mother, and his sister the
Countess Of Yarmouth, are staying al the
Carlyon Arms, a hotel near the courthouse
The hearings are expected 70 last three
weeks, or more.
Deputy Attorney General Kellogg ana AS
sistant District Attorney O'Malley, OF thls
CITY. are aligned with Mr.. jerome Charies
W. Morschauser, q brother or Justice
Norschauser of the Supreme Court, is as
sisting Mr.. Shearn. Mr.. Jerome and MT.
shearn INDUCED in some sharp passages
during the proceedings. Mr. Jerome eXcited
the ire Of his opponent early in the hearing
by declaring that Susan Merrill, Witn'ss
wanted by the state, had been taken from
the jurisdiction Of the state, supposedly
having received money to 90 to Europe. MY
e,asrn snre I'D Ike a iack-in-the- box
ana shouted
That is a contemplate, cowardly lnsln-
uAtion. but tactics common to Jerome! DO
you mean me?' he called at Jerome.
1T decline to answer your question
said the former District Attorney.
Mr.. Jerome said he had evidence to prove
his assertion, and produced letter which
was said to have been written by the WON
an but Justice Keogh would not admit It
In evidence. Susan Merrill figured In the
Thaw trials as one from whom Thaw rent
ed a room for alleged immoral practices.
Mr.. Jerome nettled Mr.. Shearn again
when he explained that he had been unable
to get DR.. Britton T. Evans, superintendent
Of the Morris Plains On. j. Hospital Tor
Tho Insane, to come and testify. DR.. Evans
was a witness for Thaw at his trials ana
gained the sobriquet OF Brainstorih
Evans at that time because he testined
that that was the particular form OF insan-
fly from which Thaw was suffering When
he shot White.
Later DIR. Evans appeared as a Wltn"ss
for Thaw at one of the habeas corpus near
ings. and testified that he had regained ms
normal state OF mind. Mr.. Jerome SaIo
ne would ask the Attorney General 10
communicate with Governor Wilson to com
pei DR.. Dvans 10 testify. Mr.. Shearn re-
torted that he had offered several times TO
go with Mr.. jerome TO take DR.. Evans s
deposition. but that Jerome had not Kept
his appointments in that respect.
Mr.. Jerome asked for an adjournment OF
the hearing until he could get Dr. Evans's
testimony. but Justice Keogh declined to
entertain the request.
Believes Thaw Rational.
Thaw's counsel sprung surprise on the
opposIng lawyers toward the close OF the
hsaring when he called as a witness Dr.
Pov L. Leak. assistant physician at Mat
tsawan. who testified that he had had sew
sral recent interviews" with Thaw for
the purpose Of determining his nationality
and that Thaw was entirely rational, in his
opinion.
DR.. Leak produced two lengthy CONVEX
sations with Thaw, one in January and The
other I'm April Of this year. I'm typewriter
form. In answer to the physicians ques-
tions Thaw had said that he entertained
no luminosity toward Mr. Jerome. DR.. Aus
tin Flint or any ore else who had testi-
fed against him. He said that he had no
idea OF doing any one injury If he got out
Of the asylum.
II asked him II he himself believed he
was insane" said the witness, land Thaw
replied that personally he did not believe
So although the physicians thought diff
ferently a the time OF his trials"
Thaw said he had been treated badly by
DR. Baker, former superintendent OF Mat
teawan Asylum and the attendants there
who had placed him In a dark room and
heaped other indignities upon him during
the first few months after he was admitted