Evening star., 1915-03-09
Prosecution Also Arraigns
Five Codefendants in
Conspiracy Charge.
WIFE OF PRISONER MAY
TESTIFY IN HIS BEHALF
Reported to Have Stated Willing
ness to Appear for the Defense
if She Is Wanted.


tion's case against Harry X. Thaw and
five co-defendants, on trial for con-
spiracy in his escape from the Mattea-
wan State Hospital for the Criminal
Insane. was outlined by Deputy Attor-
ney General Franklin Kennedy in the
supreme court today.
1t was announced today by an Off
ciaI of the district attorneys office
that in all probability Evelyn Nesbit
Thaw would appear as a witness in
Thaw's behalf.
A week ago process server from the
district attorneys Office called on Mrs.
Thaw with a subpoena, bidding her to
appear at the trial for the prosecution.
She was quoted as having said:
Il am tired of this case. l think
Harry is being prosecuted, and if ! take
any interest whatever in 1t it will be
to do what l can for him. I think he
has been confiped long enough. and
if his lawyers want me / will do any
thing can for him."
Sketches Case for Jury.
Mr.. Kennedy, for the benefit of the
jury, sketched the case of Thaw from
the night he shot Stanford White and
explained how he came to be confined
The assistant attorney general then
described the escape of Thaw. He told
how Thompson hired the big automo-
bile in which Thaw fled and how the
alleged conspirators gathered at the
town of Beacon, adjoining Matteawan,
the day before the escape. Then he
told how Thaw leaped into a machine
and fled when milkman opened a..
gate leading to the main yard of the
hospital. Later he said Thaw trans
another 21ltnmnhifa al
cylinder machine. and dashed away
Thaw next appeared at Lenox, Mass,
Where he registered under an assumed
name. said Mr.. Kennedy He sketched
completely the subsequent events lead
ing to Thaws arrest In Canada and the
legal steps since then.
MT. Kennedy said the state would
offer evidence to prove that Thaw not
only was insane at the time of his es.
cape, but that he was insane now.
That, however. he contended, did not
excuse him for conspiring to commit a
crime.
Motion to Dismiss Denied.
After Mr.. Kennedy finished John B.
Stanchheld. for the defense, made mo-
.tions to dismiss the indictment on the
ground that the alleged facts were not
sufficient to constitute a crime and
there was nothing to show that Thaw
hno" theIe was anything wrong in es-
Gaping. The motions were denied
. William Penny, clerk of the court
the first witness, identified the record
Of Thaw's second trial and the papers
upon which Thaw was committed ts
Matteawan.
Thaw Effaces Himself.
The selection of the jury in the first
day of the trial was surprise to most
n1I in,
also Thaw's self-effacement, which was
considered remarkable in view of the
active part he has insisted upon taking
in his previous legal battles for free
dom.
Only once did Thaw endeavor to take
any part in the selection of the jury.
This was when he made a suggestion to
one of his attorneys.
Il am well satisfied with the jury
said ThaW, after court adjourned II
think they are fine lot of men.
would have been satisfied even with
the one who said he knew friends of
Stanford White. Give me chance to
prove that I'm sane; that's all | ask"
he added.
that Thaw's attorneys are deter
mined the question of his sanity shall
be made the issue of his conspiracy
trial was evident from their state
ments, after the adjournment of the
court for the day. Their contention
is that he was sane when he fled from
the asylum, August, 1913, and that he
committed no overt action in making
his escape, because the state should
have granted him freedom
Illegally Held, Says Attorney.
Commenting upon the sanity phase
of Thaws case, John b. Stanchfield,
chief of his counsel, said:
We show that Thaw, a sane
man, was illegally neld at tine asylum
and had the right to get out if he was
able to do SO. If we can obtain a
verdict of not guilty on such evidence
at this trial, then l feel that the way
is clear for rhaw to obtain his liberty
j know that despite the decision of
this jury the commitment issued by
Justice Dowling would remain opera
tive, but we would then Immediately
sue out writ of habeas corpus with
the purpose in view of showing that
in view of the verdict here, the DowI-
ing commitment is Illegal and should
be discontinued