New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-06-22
Special 1915 Model Trial
Will Determine Sanity
of Slayer.
JURY ADVISORY BODY;
JUDGE SOLE ARBITER
Verdict of the Twelve May Be
Upset by Court - Harry
Plans to Visit Fair.

The special, new-fargled kind of trial
invented for Harry X. Thaws particu-
lar benefit will be put in operation this
morning at 1890. It will be before
Justice Icndrick in Part III OF the Su-
preme Court. The big new feature in
this 1915 summer model of Thaw trial
is the fact that il is habeas corpus
action on the question of sanity be-
fore n jury.
II it is successful in giving him his
liberty Thaw plans to take trip to
the San Francisco Exposition. This is
already under discussion in his family.
Thaw's lawyers worked out the jury
improvement on previous models Of
Thaw habcas corpus proceedings, JUS
tice Hendrick approved it, the state
opposed it and the Court of Appeals
upheld the justice.
The jury in this case will be on a
somewhat different status from ordi-
nary jures. 1t will not, strictly speak
ing. be trial jury. 1t will be simply
an advisory jury. Justice Hendrick
said yesterday that. owing to the nov
city Of the proceedings. there might
be some special points of procedure to
work out, but he was settled on the
question as to the capacity of the jury.
"If, after the evidence is all in, the
jury should come to one conclusion
and | should reach another | shall
follow my own judgment" he said. 81
shall not be bound by the jury's YER
dict. Aside from this the trial will be
Just like any ordinary jury trial.
Curiosity Seekers Barred.
There will be the same rules of evil
dence in taking testimony, and my
charge TO the jury will be in accord
ance with ordinary law and court pro-
cedure in such matters. am going to
try to conduct the whole trial Just
like any trial. do not intend TO have
my courtroom overcrowed with curl
osity seekers. There will be allowed
just the number Of persons the room
can accommodate, for ! propose to
maintain order"
There will be number of details in
procedure TO be determined by agree
ment between counsel for both sides
and the court. One Of these will be
the number of peremptory challenges
TO be allowed each side. The state will
ask that these be limited to six each.
Thaw's lawyers will probably ask for
more, since greater freedom in barring
Jurors would give them more leeway
to build up the kind of jury they
want. A panel Of 1870 talesmen has
been drawn for the case.
The Thaw side will put in its case
first The main effort will be 70 break
down the theory that Thaw has an
incurable form Of insanity. great
deal of lay testimony in regard to his
conduct since his escape from Mattea-
wan will be presented as proving that
he is sane now.
They will even 60 back 10 his days
in Matteawan and have on the stand
employees from the institution during
his stay there. At his recent trial for
conspiracy in making his escape a
number of these witnesses testified as
to his rational behavior while in Mat
tcawan. Had the question been al
lowed by the court at that trial their
testimony showed that they undoubt-
edly would have expressed the opinion
that he was sane.
As to the status Of Thaw in the pres
ent trial, Justice Hendrick said yester-
dav that the only question at issue
was whether he was now sane or IN
sane. 90,
"There is no question of criminality
now" he said. THAT has been cleared
away by the murder trial and by the
conspiracy trial He is now abso lutely
in the same position as any other OF
the four thousand inmates Of asylums
who might seek liberty by sanity
hearing. Thaw's present mental con-
dition is all that is to be decided
Testimony Sources Unlimited.
He said that this did not mean the
testimony would be limited TO the
present time, as, of course, testimony
would be admissible as to his previous
mental condition, and further testi-
monv as to whether that condition had
changed or continued the same. This
would open the door to all the testi-
mony at the Stanford White murder
trial.
The states case, one of the repre-
sentatves of the Attorney Generals
Office said, would depend entirely upon
what the Thaw people set up for them
10 knock down. Evelyn Nesbit Thaw's
testimony will be read from the record
of previous trials. In case of need
William Travers Jerome will be
called. He was eliminated as special
counsel for the state by the revocation
of his appointment by the Attorney
General. Another standby will be DR..
Austin Flint, the arch witness among
insanity experts against Thaw at pre-
vious trials. He is the most tenacious
of oil thOcn uho holiovo tho. Thau l.