The Washington times., 1915-03-09
Flight Is Pictured.

not set out ana tnat IL does not alleBe
that Thaw knew the quality Of his
acts"
Flight Is Pictured.
Thaw's sensational fight from Mat
teawan was pictured at great length by
the chief prosecutor. The State also
said 1t would contend that Thaw's san
ity could not be raised in the present
case.
Attorney Kennedy said the last find-
ing in q habeas corpus suit. one year
before his escape. that he was insane.
was binding.
Both sides disclaimed knowledge OF a
report that Evelyn Nesbit Thaw will
testify for her husband.
After producing legal red tape laying
q foundation for the case. by estab-
launched into evidence Of conception
and execution Of Thaw's flight.
Trial Will Be Protracted.
Thaw's battery OF lawyers ASSERT that
the insanity question will play a big
part in the trial. Deputy Attorney Cen
eral kennedy declares testimony re-
garding Thaw's sanity viii be ruled
out. Justice Page-not the iury-will
determine the dispute by ruling. later in
the trial. whether evidence regarding
Thaw's sanity Is admissible.
Lawyers on both sides admit that tine
trial almost certainly will be carrie d
into next week. II Thaw Is allowed to
place on the stand alienists and Wit
nesses as to his mental condition.
The States case was outlined to TIE
jury today by the States attorneys.
| who declared that aiding crtintnslly
insane 'prisoner'' Is a Grim" and that
Thaw had sufficient mental capacity to
| participate in the conspiracy to OBJ.
struct justice.
The defense held it's opening state
nent in abeyance until after presenta-
tion Of all Of the States evidence. Then
a motion to instruct the jury in favor
Of Thaw prob1 bly, will be made.
TO Show Court Records.
Court records showing Thaw's &C
quittal Of killing Stanford White be.
cause of insanity and his commitment
to Matteawan will be tho initial testi-
mony of he prosecution. Among the
first witnesses will be DR.. John w
Russell. former head Of Matteawan. II.
will tell Of Thaw's alleged attempt a,
| bribery OF Attorney John Anhut with
$25. 900 to aid Thaw's escape.
It is reported that four OF the code
PENDANTS will not be called to the stand
"Gentleman Roger" Thompson sat apar,
from Thaw and other principals in thu
automobile flight from Matteawan. II
he turns States evidence and ~ con-
victed, It Is believed the State will ash
leniency.
| A report flew around the court room
today that II the court admits evidenc
| bearing on Thaw's sanity. Evelyn Mes
bit will come to her husbands aid an
give testimony. She was reported to b.
willing to take the stand and assert he
belief that Thaw Is sane. Thaw's at
torneys refused to verify the report.
State Opens Case.
The attorneys for the State declares
at the opening of the trial that the!
would have forty-one witnesses.
Public interest In the trial apparentl!
waned today. There were many vacan
seats when court convened. Crowd
which have annoyed Thaw and his rel
atives as they passed through the CORR
doris were dispersed today by bill
squad g policemen.
Deputy Attorney General Franklin
Kennedy. opening for the State, gave
complete history OF the case. beginning
with the shootin: of Stanford White.
Thaw followed the recital closely
Kennedy dwelt on Thaw's acquittal il
his last trial solely on the ground OF In
sanity. He said Thaw had only tw'
ways to establish his sanity-by habea
corpus, or by voluntary discharge b.
the asylum superintendent indicating h
had recovered his mental poise.
Kennedy then declared Thaw failed t