The Hartford republican. (Hartford, Ky.) 18??-1926, 1915-03-12
THAW AGAIN.
FACES JURY
Charged With Conspiring to
Escape From Asylum.
Counsel Seeks to Show His Client
Was Sane At The
Time.


room where he twice faced a Jury for
the murder of Stanford White, Harry
Kendall Thaw to-day went on trial
for conspiring to escape from the
.Hate Hospital for the Criminal In
sane at Matteawan. With him as
codefendants were five men who. the
State charges, were parties to the al
legged conspiracy. The entire day was
required to complete the jury. TAX
ing OF testimony will begin to-mor-
row morning.
From the outset of the proceed
inys, IL was evident that the trial
would be another fight on the part
OF Thaw to gain his freedom. His
attorneys plainly intimated that with
the permission OF the court they
would offer evidence designed to
prove that their client was sane when
ne escaped from the asylum. Such
being the case. they said in examin-
ing talesmen. the defendant was be-
ing illegally detained at the time
of his fight.
They asked prospective jurors
whether they would be prejudiced
against a man who. providing that
he was of sound mind, used any
means at his command to escape from
hospital for the insane. These
statements were ampliied later by
John b. Stanchheld. Thaw's chief
counsel, who said that should the
jury find his client not guilty he
would Immediately sue out a writ
of habeas corpus on the ground that
his detention was illegal because
the jary would have established his
ScIity."
Mr.. Stanchfield would not say what
course he would pursue should Thaw
be found guilty of the charge,
On the other hand the contention
~ the State. as outlined while an
Assistant District Attorney was ques-
tioning talesmen, will be that Thaw.
although insane at the time of his
escape. was nevertheless competent
to enter into a conspiracy. and that
therefore he should be punished ac-
cordingly.
Deputy Attorney General Kennedy,
in charge of the prosecution. said
that in the event of Thaw being
found guilty he would be immediate
Iy returned to Matteawan. The
State. he said. was prepared. IL nee
essary. to place fifty witnesses on the
stand to prove its case. The first
witness. Mr.. Kennedy said. would be
William Penny, clerk of the Criminal
Branch OF the Supreme Court, where
the trial is in progress. Mr.. Penny
will be asked to identify the court
record of Thaw's second trial for
murder and the commitment papers
upon which he was sent to the asy-
lum on February l, 1908.
In obtaining the jury each side us
ed only three of its five allotted per-
e0ntory challenges. Thaw, smiling
broadly now and then, assisted his
attorneys in selecting the jurymen.
His codefendants. however, rarely, il
ever, offered any suggestions. These
codefendants are Richard J. Butler.
formerly State Assemblyman; Roger
Thompson. alleged to have been the
driver of the machine in which Thaw
fled; Michael O'Keefe. Eugene Duffy
and Thomas Flood.
When the adjournment was taken
upon the completion Of the jury,
Thaw, still smiling. was escorted to
the Sheriff.s Office on the floor above
the courtroom. There he greeted his
whitehaired mother. who, with Mrs.
George Carnegie. his sister. and Jo-
siah Thaw, his half-brother. was in
court all day. having arrived half
hour before the Proceedings began.
Thaw threw his arms around his
mother and kissed her: then the two
sat opposite each other and held a
brief whispered conference. That
over. Thaw stepped into a corridor
and posed for more than score of
newspaper photographers. Before
he crossed the Bridge OF Signs on his
way hack TO his cell in the Tombs
q said that he was perfectly satisf-
ed with the jury as completed.
Thaw appeared to have taken on