The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1915-03-11
GERMAN AUXILIARY
CRUISER APPEARS AT "a
AN AMERICAN PORT
THAW'S SANITY
| NOT AN ISSUE
COURT RULES otT FIRST EFF
FORT TO BRING THIS INTO
HIS CONSPIRACY TRIAL.

| New ork CITY Although the
prosecution announced that they eX-
| pected TO complete today their case
against Harry X Thaw, on trial for
conspiracy in escaping from the Mat
| tewan asylum, John Stanchheld
chief of Thaw's counsel, said he eN-
pected the present trial and proceed
tngs which follow ii to occupy si>
weeks
AS a result of the rulings ON tive
points in the first days presentation
of evidence. counsel for the state
maintained that Justice Page had
excluded from the conspiracy tria
the question of Thaws present men
tai condition.
| Thaw came into court with gray
sweater He had a stiff neck and Q
bad cold.
The first witness today was How.
ard Barnum. gatekeepr at Mattewai
Barnums story of Thaw's escape
through the gate. which Barnum
opened to admit a milk wagon, is
| identical with the one he told the
police the day rhow fled On cross
examination the witness said he hat
talked with Thaw hundreds of times
He said he never saw Thaw exhibit
a bad temper.
Attorneys for Harry Kendall ThaN
/ SLAYER of Stanford White, yesterday
made their first attempt to get testi-
mony concerning his sanity into the
record of his trial for conspirins
to escape from the state hospital fol
the criminal insane at Matteawan
| The attempt was unsuccessful.
| 1t was while William Gordon, a
/ Ihotel keeper of Beacon, n. v, was
on the witness stand that Justice
Page. before whom the trial of Thaw
and five co-defendants is in progress
in the criminal branch of the SUI
preme court sustained the prosecu-
tons objection against the introduc-
tion OF such testimony. 1t was under
stood, however, that the ruling of the
court applied solely to the testimony
of Gordon.
Gordon afte rtelling Of the many
visits Thaw made to his hotel while
ON his way to and from the habeas
corpus proceedings which he institu-
ted and declaring that he conversed
with Thaw as he ddi with any other
man. was asked whether the defend
ant appeared to b efully rational at
all times The question was put TO
him on cross examination by John
b. Stanchtield. chief of Thaw's legal
advisors The prosecution immed-
lately objected pointing out that the
witness had admitted it was quite a
while prior TO the day OF the escape
that he had last talked with Thaw,
Moreover. the prosecutio contended
that the sole issue to be decided was
the guilt of the defendant and his
alleged co-conspirators.
In upholdins the objection Justice
Page said that if it was the idea OF
Thaw's counsel to show through the
witness Gordon that Thaw was OF
sound mind at the time of his escape
he thought his testimony on the sub
iect must necessarily be remote.
Mr.. Stanchfield asserted that he
would make a further attempt to
day 10 get testimony concerning
Thaw's sanity before tn ejnry. The
defense of Thaw hinges upon The
of his escape and was therefore being
Illegally detained.
| Franklin Kennedy, deputy attor-
! ney general III tHdISs OF lHe DIoSeCu-
Tin announced that he expected to
| complete the states case by this af-
ternoon.
Aside from Gordon's testimony, VII
tually' all the evidence Monday had
TO do with the renting of the big au-
tomobile in which Thaw fled as fan
as New Hampshire. the presence and
ticns in the Holland hotel ait Bea-
con y. Y, which adioins Matteawan
OF the co-defendants the ownership
Of the audaulet which figured in the
escape and the identification OF court
records.
Mr. Kennedy in outlining the case
to the jury at the opening of the pro-
| ceedings today asserted that ThaW
was insane at the time of his escape
and that to allow him to be at large
at this time would still constitute d
menace to the public safety. Although
tit was earlier in the day that Evelyn
Nesbit Thaw had stated her intention
| to testify in her husbands S behalf
| Thaw's attorneys declared they
would not call her.