New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-01-28
THAW WILL GO
FREE THIS TIME,
FRIEND IS SURE
With Jerome Out of Case
and DIR. Flint III, His
Chances Brighten.
CONSPIRACY TRIAL
IS SET FOR FEB. %
Slayer, Refused Bellevue
Test, Stays in Tombs
Without Bail.

Harry X. Thaw's chances of freedom
from Matteawan arc better than at any
time since he was sent there for the
murder of Stanford White. This was
the opinion expressed yesterday by one
Of the men who have had the most
TO do with Thaw's prosecution. and
who went 50 far as to predict that
Thaw would now establish that ne is
no longer dangerously insane
"ln the first place. jerome is out of
the case, and that almost by itself
means that Thaw will get off," said
this man. "Some one not familiar
with il will have TO take up the states
case. and don't think any one less
a master Of it than Jerome can handle
il successfully.
in the next place, Thaw's own
physical and mental condition is all
in his favor. He has been in the open
air, living clean, vigorous life for
many months. and has had chance TO
get his nervous system in the best
possible condition. Finally. there is
the illness of DR.. Austin Flint, the
alienist who has been the mainstay of
the state in keeping Thaw incarcer-
ated. doubt whether he will be able
to testify against Thaw again.
"Other alienis,s might not be will
ing to go as positively on record as
DR.. Flint with the opinion that Thaw
is incurably insane and would always
be a menace if at liberty. Dr. Flint
still holds unalterably TO that belief.
Wouldn't Send Him Back.
"The main fight of the Thaw people
will be to get the sanity issue either
before alienists or a iery In Thaw's
present health ard spirits, doubt
whether a jury Of laymen would send
him back to Matteawan for life, which
is probably what a verdict against him
would mean. Without DR.. Flint, seri-
ously doubt whether even a commits
sion of alenists could be found 10 do
that now"
At Dr.. Flint's home it was said
that. although the brain specialist is
very i'll. ne is not so i'll as to make it
impossible for him to appear. Dr.
Flint refused to discuss the case or the
question of whether he would accept
a retainer from the state TO appear
against Thaw again.
John b. Stanchfeld, counsel for
Thaw. made il clear yesterday that the
only question at stake is the insanity
issue as far as the defence is con-
cerned. He was asked whether big
Dick" Butler and Educated" Roger
Thompson, two Of the men indicted
Jointly with Thaw on the conspiracy
charge. will be witnesses for Thaw.
I'VE don't care which side they APP
pear for" he said. The question we
are Interested in is that of Thaw's
sanity. and we have little or no inter-
est in this misdemeanor charge"
Thaw appeared for pleading yester-
day morning before Justice Davis. Mr..
Stanchfield put in the form of a mo-
tion the suggestion he made when
Thaw was arraigned Monday that 1t
was mandatory upon Justice Davis 70
commit Thaw TO the custody OF the
trustees OF Bellevue for an eNamina-
tion by them into his mental condi-
tion.
No Bellevue. No Bail.
"There is nothing appearing in the
case at present authorizing action un-
der the statute cited, and the motion
is denied" Justice Davis said.
Mr. Stanchfeld took an exception 70
this ruling. This put him in the POSI-
ton to base an appeal on this failure
10 get q sanity test at this point III
the proceedings if the present case
goes against lhaw.
Counsel then entered a plea of not
gniltv for Thaw, and February % was
SET as the date of the trial.
Justice Davis announced that the re-
ouest made By Mr. Jerome on Monday
for the return Of Thaw TO Matteawan
pendinC the trial was denied, ana tnat
Thaw would remain meanwhile IN the
Tombs. Mr.. Stanchiield sald that no
application for release on ball "ouiu
be made. ~ ,....
nov General. was in charge ot the case
in tho absence of Jerome. He was as,
sisted by Frank 4. Cook. who resigned
a. District Attorney OF Livingston
County to help Assistant District Az
torney Arthur Train prosecute henry
Siegol. the ex-banker.,
III Kennedy said that in conference
counsel for the defendant had agreed
70 make no effort TO have nav au
mitted 10 bail and that on behalf OF
tho state ne agreed 20 his remaining
in the Ton5s.
Rescuers Must BE Tried.
According 10 owen ". Bohan, coun-
self for big Dick" Butler, Butler ana
the other conspirators VIII nave 10 DC
tried al the same time as Iha"'
Butler has been arraigned ana haS
pleaded not guilty hr Bohan sara.
II have received no formal notice ye'
from the District Attorney, but sup
pose we will in plenty of time petoIe
the trial. Make this clear: Butler ana
the others will not appear as state
witnesses. They will appear SIMPLY as
witnesses for themselves at the trlai.
Mr.. Jerome refused yesterday TO dls-
ouss his removal from the case. ne
Wa in high spirits, however. ana APP
/ parently overjoyed at getting out OF IL
Prom a friend il was learned that Je
/ rome had become thoroughly Disguised
: with the whole affair. In the nrst
Mace. ne was tired going over the same
/ old matter again and again, ana IL was
rarticularly offensive 10 MN 10 De
| looked upon as Thaw's nemesis.
In was also said 20 be particularly
distasteful to him 20 have TO loDoy ior
his nav for his services. His friend
aid ouestions had been raised as TO