New-York tribune., 1913-10-23
GRAND JURY HERE
TO HUNT THAW PLOT
Attorney General to Handle In
quiry Into Alleged Conspiracy
to Escape MatteaWan.
GLYNN IGNORES WHITMAN
District Attorney Will Appear
and Explain That Governor
Has Taken Case from Him
jerome Still Active.

The grand jury inquiry to determine
whether Harry X. Thaw's escape from
Matteawan asylum was the result OF a
conspiracy. and, If so. who the Conspira-
tors were. will begin to-day before the
Supreme Court grand jury. The inquiry
is I'm the hands of Attorney General car
mody. and that fact will be emphasized
by District Attorney Whitman.
The District Attorney will appear before
the grand jury and explain that by the
special order OF Governor Glynn the en-
tire matter has been taken from him ana
placed in the hands of Attorney General
Carmody William Travers Jerome, VINO
has prepared the conspiracy case, win
the aid of private detectives, will appear
and it is probable that Attorney General
Carmody will present the case In person
The grand jury action in this county
after the Dutchess County Grand Jury
had refused TO return indictments, VIII not
be undertaken without a protest from
Thaw's attorneys. Willard II. 0lmsted'
former justice Of Special Sessions, OF
counsel for Thaw, called at the District
Attorneys office yesterday with a copy
of the charge delivered last spring by
Justice Seabury TO the grand jury which
had the case of John Nicholson Anhut
under consideration. Thaw was called as
a grand jury witness in that case, and re-
garding his testimony Justice Seabury
had this to say:
Tho witness whom YOU propose 10 call
has been adjudged so insane as to be
criminally irresponsible. II you receive
his testimony you must do so I'm appre-
citation of the fact that you are receiving
the testimony OF an insane person. Inas-
much as the witness whom you propose
TO call is insane you will not ask him TO
sign any waiver of immunity nor VIII
you insist upon his answering any qucs-
ton the answer to which might in any
way tend to implicate him in any un-
lawful transaction. ] make this state
ment to you because az an incompetent
person the witness is entitled 10 the pro-
lection of the court, whose ward In
sense he Is by reason OF his insanity
Mr.. Olmsted is anxious that Justice
Seabury's words be called to the attention
OF Justice Gavegan, whose grand jury Is
10 take up the alleged plot To free Tha~.
II is probable that the charge VIII be IN
Justice Gavegan's hands before the grand
jury begins its inquiry. Mr.. Olmsted's s
action was taken at the personal request
OF Harry Thaw.
In view Of the charge Of Justice sea-
bury" said Mr.. Olmsted. which declares
Thaw criminally irresponsible and incom-
petent, how can any grand jury, in hon
esty. find an idctment against him for
anything? This charge was given In the
Supreme Court by justice equal In juris-
diction to Justice Gavegan. and on the
records Of that court II appears that
Thaw had been adjudged insane and not
responsible How can Jerome get over
that situation and honestly seek an in
dictment against Thaw?'
Mr.. jerome is said to have subpPnaed
many witnesses not only from the neigh
borhood of the asylum. but also from this
city. 1t is probable that the inquiry will
last several days. The plan TO free Thaw
is said 20 have been conceived In a West
Side saloon a New York lawyer Is said
to have been the moving spirit I'm its con
ception and development.