New-York tribune., 1915-03-08
THAW TO FACE
TRIAL TO-DAY
FOR CONSPIRACY
Lawyers Deny Slayer Will
Plead Guilty-New Phase
in Insanity Fight.
WILL BE CONVICTED,
SAY PROSECUTORS
Charge Is Outcome of His Es-
cape from Asylum-Case To
Be Tried on Issues.

Harry Thaw will 60 10 trial this
morning in the Criminal Branch Of
the Supreme Court. on conspiracy
charge relating to his escape from
Matteawan in August, 1913. Justice
Page will preside. Rumors that Thaw
would attempt to confound the prose-
cution by pleading guilty, thus shunt-
ing the question Of his sanity to eX-
aminers at Blackwell's Island, were
denied last night. Frank Cook, Dep
uty Attorney General, has been as
sured that counsel for defence will go
to trial on the issues in the case.
Neither "Big Dick" Butler nor any
Of the others alleged TO have been con-
cerned In the conspiracy will be wit
nesses for the state. The prosecutors
are confident that they have case
without them.
Thaw will go to trial for a msde-
meanor. and the insanity issue. which
has kept lawyers of many states busy
for years, will not be injected into the
proceedings until after the trial.
Counsel for the defence have the
right to plead guilty" mot guilty" or
mot guilty on the ground of insan-
ity." For obvious reasons they would
not interpose the last. "Not guilty" is
the plea they already have made.
New Angle TO Fight.
1t was reported that Thsw was
anxious, at any hazard, to avoid re-
turning to Matteawan and would vel
come sentence to the penitentiary on
Blackwell's Island as sane man.
Reports have been current that at
the last moment he would plead guilty.
In that case the court would take no
cognizance of his mental condition,
presuming him to be sane. 1t would be
for the physicians at the penitentiary
to decide whether his mental condition
was such that he should be confined in
prison. Should they find him insane
he would be returned to Matteawan.
Otherwise ne would serve his sentence,
which would not exceed one year and a
fine of $500
Although Deputy Attorney General
Cook would not acknowledge that his
information as to Thaw's plans came
from opposing counsel, he asserted that
he spoke with authority.
"You can say that Thaw will 90 to
trial on the issues in the CASE he de-
clared.
Mr.. Cook and James O'Malley, AS
sistant District Attorney, who will as
sist him in the prosecution Of Thaw,
denied that any new evidence relating
to others in the conspiracy had come
TO their attention. A report that man
in an official position was implicated
and that the trial would be postponed
to permit a new grand jury inquiry
into the affair was denied.
Many Phases in Plot.
Ii is said that the story of the plot
ting Of man confined IN an insane
asvlum for murder is one that would
arouse intense interest even if the pris-
oner were not Harry Kendall Thaw.
That any man In a state institution for
the criminally insane could arrange
getaway so clean that it simply re-
mained for him to walk out of the
front gate and jump into an auto
mobile which carried him across sew
eral states and finally into Canada is
astonishing.
The fact that it was Harry Thaw
who is charged with doing this will
bring a record crowd to the courtroom
this morning.
II will be his third appearance in
the Criminal Branch OF the Supreme
Court and the first that he has made
without public announcement OF his
plans for defence. Powerful and hid
den interests have been working in his
behalf since his arrest in New Hamp-
shire. No efforts have been spared to
convince the public that Thaw is
sane and prosecuted man.
Throughout New York copies OF an
eight page circular devoted to the
Tbaw case have been widely circu-
lated. Thaw was shown as defender
of innocence. unjustly confined. There
were fings at Jerome and hints that
behind the persecution of Thaw were
wealthy men who feared that he would
continue his work and expose them
should he regain his liberty. II IS
probable that the talesmen examined
o-day will be quizzed as to their
knowledge Of this pamphlet, several
numbers of which were issued.
Seats have been reserved for mem
bers of the Thaw family. During his
confinement in the Tombs Thaw has
been in consultation with his mother
and with Josiah c. Thaw. He will be
defended by John B. Stanchtield, Nor
gan J. O'Brien and Abel !. Smith.
Franklin Kennedy and Frank Cook,
Deputy Attorney Generals, and James
OMalley, Assistant District Attorney,
will be in charge of the prosecution.
For the first time since his arrest on
the night that Stanford White was
shot, Thaw will not have to face Will
lam Travers Ierome as his prosecutors.