New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-03-15
Witnesses of Former
Trials TO Appear at
New Sanity Test.
uABEAS CORPUS
BATTLE ON TO-DAY
n.,srce 10 Use Matteawan Aids
and Jurors Words if Plea
for Freedom Is Denied.

.-.r,es The ways have been
-..o,,bed for g 'here the coming
-. cor1us proceedings by which
u.-v K Thsv hopes 20 have himself
,..,.,ad sane. Frank Cook, chief coun-
=, tor the state sgsinst Thsw. said
-.,..rdsv that he expected TO include
v,.,1n among his witnesses.
-. Thsv lawyers will apply TO Jus
IT.. Page. before whom Thsw WAS ac-
.,,.+.d on Saturday of the conspiracy
L.-o. for q writ Of hsbess corpus
,.nov;rs argument on their motion,
-. A. thc close o. the conspiracy
.,l that Thsw be sent back 70 New
7smpshire
They have uttle hope Of winning this
-ot;or but they have conferred with
,r,.ies Page In regard 70 the hsbess
.,-,y. sc,ion and he will issue the
,,;, returrable before Justice Gave
-, lie has no option but TO grant
:, writ and Justice Gavegsn Is pre-
siding IN Par; %, where ex parte cases
sc heard.
we cannot resist the issuance Of
.wr,t. since that must be granted as
a, risht.o Mr. Cook said Yesterday.
aBpt We shall Nght the case on its
.,,l with aH -he means at our com
msnd
will Review Tha~ Case.
.Gt will mean the going over again
,f.bs whole history Of tho Thaw case,
and will involve the calling Of all the
witnesses that have appeared in pre-
WINS trials that arc now available. =
have not determined yet whether DR..
Carlos Mcdonald and DR.. Austin Flint,
no slienists who appeared against
Th,w before. will be called. but DR.
RAYMOND Kieb, Of Mstteawan, will GER
,sinly take the stand.
he Rad Thsw under observation az
gsttsavsn un 20 the time of the lat
,er's escape. and has kept IN close
touch with him since. He will testify
hat Tbsw is q paranoiac and is IN
cursSly SO. suI that +, would be dan
gsrous 10 release him.
The trial Will take place here; thee
gill be no effort on our part to have
3, take plsce anywhere else but here
Tor will We attempt TO have Thsw re
committed 20 Natteawsn pending the
Ou;eome Of the trial. He will remain
IN the Tombs. / expect that the case
viii be cslendared to go on in about a
month from now"
NJ Cook said he did not think the
eogr, would Gnd much merit in the
ssltention that Thaw should be sent
ack to New Hampshire. The argu-
rent Of the defence will be that, sine
s syas acquitted on the charge OF con-
Firsey, for which he was extradited,
Al. now the duty Of the state to re-
turn him whence he was brought.
They will hold that the conspiracy
charge was simply a subterfuge TO get
bin within the borders Of the state,
and that 10 would be contrary 10 the
uling Of the Supreme Court Of the
United States for the State Of New
York 10 avail itself Of his presence
here TO enforce anything but a Grim
nal charge against him.
State TO Meet Defence.
The answer is simply that it is NOT
obligatory upon this state 70 send
hn back to New Hampshire, but that
E' have done our full duty in lg
he charge for which he was cXtrsdited
IN sincere effort to convict him, -
NJ Cook declared. "The Bowling com
n''ment became operative the moment
ne entered Jne jurisdiction of the
Ssie Of New York, and It is Binding
against him. : consider the motion TO
return him was strategic, rather than
serious. IL kept Thaw in the custody
" The trial sogr. sntil his lawyers
could prepare their application for a
snt Of habeas corpus
had It not been for some such ac-
"on' the authorities from Matteawan
would have been at liberty to seize
MN imm.ulstely upon his acquittal
ana rash him back to the asylum. Dr..
aIeo was waiting with attendants and
automobile for this purpose, but
'S motion prevented them"
me wish of the Thaw LAWYERS was
y, - nave time to apply for the writ in
,s county, so that they could have y
used here. They feel that previous
CyV'H along TINS line in Westchester
,'-n'y have exhausted the possibili-
~ VI success there, nor do they know
e.,TIy justice there upon whom they
'Tip Tp depend for a jury trial.
NAV ma" wants q jury trial His law
,S nave agreed with him that they
70, lne time ia ripe here and now
such action. They accepted the
e5dict IN the conspiracy case As an
,bi;,.suon that public opinion has
Mil Rin'u IN his favor and also that il
sanity. '"i' u MS
New Witnesses for Thaw.
b," out the conspiracy trial did more
wI .ost for them. II supplied them
ga,n. brand new crop of witnesses,
hsels led Tor them by the prosecution
ne,sc. Among the prosecution wit
Nat. were half dozen employees at
dsl,' ,'s"an' who testified they were in
On contact with Thaw, conversed
p''S Of the day with him. found
NOa'lnued on page s, column