New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-03-12

Kennedy. Bernard Jacobs. former Gov
ernor Stone they didn't advise that
such was my right. but in general they
nll said il | could leave without vlo-
lencc or corruption il would be legal.
what do you mean by that" Cook
said.
"No violence meant, as ! understood
il. that | should not use force in max
ING my escape" he said land cor
ruptiori. that | should not bride the
officials"
Cook switched his line OF question
inc and asked if Lewis knew about
getting the automobiles.
81 don't know how to answer that
question:" Thaw said. at seems SIM
pie. but don't want to be too posi-
live | should say no, but there might
have been some slight mention OF u.
He did not know these men. The con
versation had no personal reference TO
any one at all. o., -,
II told Hoffman to get four men.
Five men came. That was a mistake,
ones missions are not always carried
out as they are given. One car was
smaller than the other. That was also
a mistake. ordered two large cars.
Saws Butler Got $4,000.
"Did you give any instructions wren
YOU told Hoffman to hire the cars
yes. | ordered one to wait at the
bottom of the road, and 1t was there
when got there in the smaller car,
he said. Thompson and Butler were
in it. Duffy and the two others were
in the small car" 49,,
How much did you pay Mr.. Butler"
Cook asked.
That for the days work.? SAID
Cook. -,
yes, that for the days work. said
Thaw. ,
That's what you call having hired a
MANI" oueried Cook, and without wait
ing for an answer vent on 10 say:
How much did you pay Roger Ihomp-
son ," .-. 3,
Nothing for the trip to Matteawan,
said Thaw. "The car he drove was just
rented. lie was paid his salary -.
How much for the trip TO Canada
mo agreement was made as TO that
I should saw the same as his wages.
Afterward | made him a gift. ! never
figured it i'm dollars and cents I'm not
stuffing YOU now approximately 80 70
50 = day should say S25 or $50 IN
all" Thaw said, talking fast ana heT-
vously.
Il am not fooling you now; I'm tell
ing YOU the truth. When we gov 10
Canada | gave him substantial pres
emit probably gave him Sl,OOo aito-
gether. r.,Lp.,.
Ter. ! suppose. ! had nothIhg 10 uo
wi 4 that. Thompson went along TO
Canada as a volunteer. Duffy Yent. too.
but didn't pay him: | expected Butler
TO do that. As far as | am concerned,
don't know whether he got cent
This closed for the day the eXamina-
ton of Thaw, who Will continue under
cross-eXamination to-day.
Earlier in the session. at the compile
ton Of the states case with the tes-
timonv of Burleigh kelsea. the Deputy
Sheriff of Coos County, y. H., who rec
oouiZed Thaw on a train and brought
about his arrest, the case had fallen
down as far as one of the co-defend-
ants was concerned. On motion OF
counsel for the defence, the court or
dered the indictment against Michael
O'Keefe dismissed on the ground OF in
sufficient evidence He was turned out.
At the end of the session. Mr.. Ken
nedy moved that the other four code
PENDANTS. utter. Flood, Dutty and
r. ompsOn. who were out on bail, be
taken into custody pending the verdict
of the Jury. The court so ordered,
and they were locked up in the Tombs.
Mr.. Kennedy said that as a result Of
Thaw's testimony an Indictment would
be found against another man.
Shortly after the opening OF the
morning session Mr.. Stanchheld elected
TO bring about the test as to the admis-
sibility Of evidence in regard to Ihaw's
sanity By asking Mr.. Kelsea, IN cross
examination. whether IN his opinion
Thaw was rational when he saw him in
sc Hampshire.
Mr.. Cook objected. an Justice Page
sustained the objection on the ground
il was not relevant to the issue. After
the retirement Of the jury Mr.. Stanch-
/ field began his argument.
At no time did the court seem to take
him seriously. Justice Page sat smil-
ing. and more than once Mr.. Stanch-
field, obviously nettled, stopped and
! said, AT your honor will listen TO me |
will 20 on" To this the justice replied,
go right ahead. | am following you, -
and Mr. Stanchield plunged on.
I'VE claim that the question OF
Thaw's sanity has everything to 10 with
/ this case" he said. at has TO do with
his intent. Our contention is that he
/ is absolutely sane, and that he knew
he was sane and had a right 20 leave
Matteawan. Testimony as TO mis- mental
! condition subsequent TO this bears on
+ the case.
1--WE contend he had right to leave
+ i'm self-defcnce, that he had a right to
leave for the preservation Of his own
mental wellbeing. The place was
filthy. his health was in danger, and. as
he had exhausted every means to pro-
cure his release, he had a right TO
break out.
"Our argument is that on the ques-
ton of criminal intent we have the
right to prove that he thought he was
sane, and therefore had the right to
leave"
"That would mean" said the justice,
that if a man believes himself sane. he
has the right TO take the law into his
own hands and break jail
"I'N answer that right off, fired
back Mr.. Stanchiield. "lf the place
became so filthy as 10 endanger his
7 life he had the right. Here IS IN
analogous case in the United States
eports. II was established that Il
vas not mutiny for the crew of a sink
ing ship to disobey' the captain and
/ leave her in self-pres lnaw
believed the dictates OF self-preserva-
tion required that he leave"
"Such a condition has not been
shown here as applying to Mattea-
wan" said the Justice, laughing.
I'VE claim that we nave right to
show that Thaw was sane, and knew
he was sane, and therefore it was no
crime for him to leave" went on Mr..
Stanchfeld.
"Thaw can't sit both as judge and
7 INV. n bis o,v, caso tho, urould hn IN