The Birmingham age-herald., 1915-03-09
TAKING TESTIMONY IN THE THAW CASE
 WILL BEGIN TODAY
Slayer of Stanford White on Trial for Conspiracy to Escape Matteawan
 Hospital

New York. March s.-In the room where he twice faced jury for the murder of Stanford White, Harry Kendall Thaw today went on trial for conspiring to es- cape from the state hospital for the crim- inal insane at Matteawan With him as codefendants were five men who. the state charges, were parties to the alleged conspiracy. The entire day was required to complete the jury. Taking of testimony will begin tomorrow.
 From the outset it was evident the trial would be another fight for Thaw's free dom The defendants attorneys plainly intimated that with the permission of the court they would offer evidence designed to prove their client was sane when he case, they said in examining tailsmen, the defendant was being detained illegally at the time of his flight.
 They asked prospective jurors whether they would be prejudiced against man of sound mind, who used any means at his command to escape from hospital for the insane. These statements were amplified later by John B. Stanchfield, JnaW s tnltI cOuI1Stl, Wio Sdib tifat should the jury find his client not guilty he immediately would sue out writ of habeas corpus on the ground that his detention was illegal because the jury would have established his sanity MT. Stanchfield would not say what course he would pursue should Thaw be found guilty of the charge.
 States Contention
 The states contention, as outlined while an assistant district attorney was talesmen is that Thaw, al though insane at the time Of his escape was competent to enter into a conspiracy and that therefore he should be punished accordingly.
 Deputy Attorney General Kennedy. Tn charge of the prosecution, said that if Thaw were found guilty. he would be returned to Matteawan. The first Wit ness. MT. Kennedy said, would be Will liam Penny, clerk of the criminal branch of the supreme court where the trial IS in progress, who will be asked to identify the court record of Thaw's second trial for murder and the commitment papers on which he was sent to the asylum Tn 1s08
 In obtaining the jury each side used only three of it's five peremptory chai- lepxes. Thaw now and then assisted in selecting the jurymen. His codefendants, however, rarely, if ever, offered any suggestions These codefendants are Richard J. Butler. formerly state assem- blyman; Roger Thompson, alleged to have been the driver the machine in which Tnaw fled; Michael O'Keefe, Eugene Duffy and Thomas Flood.
 When the adjournment was taken upon the completion of the jury, Thaw was escorted to the sheriff's office on the floor above the courtroom. There he greQed his whitehaired mother who, with Mrs. George Carnegie, his sister, and J Josiah Thaw. his half-brother. were in court all day Thaw kissed his mother and then the two sat opposite each other and held brief whispered conference. That over. Thaw stpped into corridor and posed for newspaper photographers. Eetore he crossed the Bridge of Signs on his way back to his cell in the Tombs he said he was satisfied with the jury.
 Thaw appeared to have taken on con siderable weight since his return from New Hampshire. His face was ruddy and he seemed in good physical condi- ton.