The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1915-03-11

/ IBy Bond P Gedes, United Press
Staff Correspondent
NEW YORK, March 1.-The i'm
mediate fate Of Harry K. Thaw and
| his five conspiracy co-defendants rest
| ed today, not with the jury, but with
Trial Justice Page. Upon his rulings.
following lengthy arguments today.
depends whether Thaw will testify to
prove his sanity Conviction of all SIX
also hinged upon Justice Pages dee
cision upon q motion to order acquit-
tai. because of alleged lack OF evil
dence.
The prosecution planned to COM
plete its case by noon with perfume
tory testimony tracing Thaw to the
Canadian border. The next move
planned by counsel for the five men
charged with engineering Thaw's es-
cape, was motion to dismiss the en-
tire Indictment because of failure di-
rectly to connect them and Thaw with
any conspiracy. Thaw is opposed to
this move as 1t would cut him Off
from proving his sanity and possibly
from securing an acquittal. Dismissal
of the charge, however, would leave
Thaw free to bring habeas corpus
suit for discharge from all New York
custody Legal wrangling on techni-
cal '-red tape" points, but all vital to
the defendants, promised almost en-
tirely to supplant testimony taken to-
day If Justice Page refuses to dis
miss the Indictment, the next legal
| move pending. was upon admission of
testimony regarding Thaw's sanity.
Whether Thaw would open or clos
! the case for the defense was still in
doubt today. Even if Justice Page
refuses to admit sanity evidence other
than formally to show that Thaw
knew the nature and quality of his
act" it was considered likely that he
would testify to impress the jury and
gain any emotional advantage pos
sible
Failure thus far of the prosecution
| to prove technical intent" by show
Ting that Thaw and his five alleged
aides communicated before his flight,
was also legal defect regarded favor
able to the defense. Whether Lawyer
John n. Anhut serving a Sing Sing
sentence for offering Mattewan sup
erintendent s25, 900 for releasing Thaw
should be allowed, to testify, was also
another unsettled question.
Anhut did not testify and was sent
back to Sing Sing The prosecution
decided not to call him.
Reports that Thaw might testify to-
day brought out the biggest crowd of
the trial. including many women.
Thaw's stif neck and shoulder rheu-
matism was better, but he reappeared
swathed in a heavy sweater.
No matter how the trial results,
Deputy Attorney General Kennedy
said today Thaw will be returned to
Natteawan. An acqnittal would not
establish his sanity, Kennedy said. II
convicted, the state will ask his COM
mittment to Matteawan as insane.
Against Thaw.
| NEW YORK, March 11.--Harry K.
Thaw cannot prove in the pending
| trial for conspiracy to escape from
Matteawan asylum, that he was aid
! ia sane and had the right to leave the
. institution
Thfs-a most serious reverse for
Thaw-was the ruling today OF Tr:ai
Justice Page. He said Thaw's sanity
| is not an issue relevant to the con
| spiracy charge. He refused to permit
/ witnesses to testify whether they
| thought Thaw was sane or insane
The courts ruling settled the vital
issue on which Thaw based almost
wholly his hopes for acauittal and
ultimate freedom from MatteaWan. AS
/ the facts Of Thaw's escape are prac
! .icaHy admitted, lawyers regarded
Pages ruling az making conviction OF
the SLAYER OF Stanford White almost
certain
4 The courts ruling was that the only
/ .,-.. .s..;-nonv reru1issityle was that