The Birmingham age-herald., 1915-03-10
THAW FAILS ID GET
 TESTIMONY ON HIS
 SANITY IN RECORD
Prosecution Contends That Guilt of Defendant as to Conspiracy Is Sole Is-
 sue to Be Decided

New York March 9.-Attorneys for Harry Kendall Thaw, slayer of Stanford White. today made their first attempt to get testimony concerning his sanity into the record of his trial for conspiring to escape from Matteawan. The attempt was unsuccessful.
 It was while William Gordon, Beacon, N Y., hotel keeper. was -s,f-the witness stand that Judge Page, before whom the trial of Thaw and five codefendants is in progress in the criminal branch of the supreme court, sustained the prosecu- tion's objection against the introduction of such testimony. It was understood, however, that the ruling applied solely to Gordon's testimony.
 Gordon, after telling of the many visits Thaw made to his hotel while on his way to and from habeas corpus proceedings which he instituted. was aske by Thaw's counsel whether the defendant appeared to be fully rational at all times.
 The prosecution objected. pointing out that the witness had admitted it was quite while prior to the day of the es- cape that he last had talked with Thaw Moreover, the prosecution contended the sole issue to be decided was the guilt of the defendant and his alleged cocon- spirators.
 UphOlds Objection
 In upholding the objections Justice Page said that if it was the idea of Thaw's counsel to show through the wit ness (Gordon) that Thaw was of sound mind at the time of his escape he thought his testimony on that subject necessarily must be remote
 John B. Stanchfleld, chief of Thaws legal advisers, asserted after adjournment late today that he would make further attempt tomorrow to get testimony con- corning Thaw's sanity before the jury. The defense of Thaw hinges on the claim that he was sane at the time of his escape and was being detained illegally.
 Franklin Kennedy. special deputy att torney general in charge of the prosecu- tion, announced tonight that he expected to complete the states case by tomorrow afternoon.
 Aside from Gordons testimony, virtu- ally all the evidence taken today had to do with the renting of his automo- bile in which Thaw fled as far as New Hampshire the presence and actions in
 
 which adjoined Matteawan, of the CO., defendant; the ownership of the landau let which figured in the escape and the Identification of court records
 Mr Kennedy, in outlining the states case today, asserted that Thaw was in- sane at the time of his escape and that to allow him to be at large at this time would constitute menace to the public safety.
 Evelyn Not Called
 Although it was said early in the day that Evelyn Nesbit Thaw had stated her intention to testify in her husbands be- half, Thaw's attorneys declared they would not call her.
 After cross s-examination of Collins. who testified Thompson was an excel lent chauffeur and had a good reputa- tion, Gordon was recalled. He told of the arrival on the day before Thaw escaped of a party of men. Butler was among them Thomas Flood also ar rived and was frinedly with Butler and his companions. Butler told the hotel prbprietor, Gordon testified. that his business twas to help people out of trouble."
 on cross examination by Mir Stanch- field, Gordon said Thaw came to his hotel in Beacon frequently. On the night of his arrival there on his way to Mat teawan he stopped and had dinner. On other occasions he stopped on his way to and from the asylum when he had habeas corpus proceedings before the courts.
 The district attorney objected to a question as to whether Gordon thought Thaw was rational at all times on the ground that 1t was remote" The ob- jection was upheld. Justice Page said. however, that he did not exclude the question on account oS It's being ir- relevant The district attorney ob- jected to another question by MT. Stanchfield. and asked Justice Page whether he intended to admit testi- mony designed to show that Thaw was sane at the time of his escape. ''Testimony of this character is im- SContiausa sn Fass Tsnl