Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-03-12
Witnes, ! Summoned =
Tes = as to Thaw's
Sanity Not Called.
TEST OF SANITY
TO FOLLOW CASE
Attorneys For Thaw Prepared Pee
Quick Action IL Verdict 10 Rstuswsd
Releasing Thaw From Jurisdiesioa q
Now York County - States Rsprs-
sentatives Ready to Take Defendant
Back to Matteawan Hospital.

New York. March 12.-The defense ID
the trial of Harry X. Thaw. for cons
splracy in escaping from Matteawan.
rested this morning. after calling sev-
eral character witnesses for Roger
Thompson.
Counsel for Thaw announced that
they had on hand twenty-four wits
nesses. many Of whom were from Cans
ada and New Hampshire. but after the
decision bearing on testimony u
Thaw's mental condition, Justice Page
said 1t would be useless to call them.
Thaw's lawyers were said to be pre4
pared today for quick action IL verA
dict is returned releasing Thaw from
the authority of the county. They villa
ask writ to permit a test OF his sans
ity, altho a representative of the stats
has announced that II Thaw was re-
leased from the county he would be
Immediately put in custody Of authofi-
ties Of Matteawan.
Thaw's counsel said he was suro
there would be no railroading Of Thaw
and a writ would be obtained before
Thaw could be taken from the jurisdic~
ton Of county.
Thaw Under Cross.
Thaw resumed the stand for crossS
examination this morning. He said
him he could leave Matteawan because
him he could leace Matteawan because
he was sane. AS to who advised him
that he was breaking no law. Justiee
Mauerhauser. of Westchester county,
had SO advised his counsel.
Where did you pay Butler for Ai1
services?" 3 s. 50 n
In Manchester, n. E." replied
Thaw. He added that the 5000 Was,
paid in cash.
You told your counsel you were
sane. Do you believe YOU ever Wer0
insane?"
THAT is matter the district attof@
ney OF this county and the alieniata
have answered.
When asked If he believed he Waa
insane when he killed Sanford Whitss
his attorney objected and was slD4
tanned. y
Motion to Dismiss ovsrrulsd.
On redirect examination Thaw said
Roger Thompson first knew he was
after the flight in the automobile had
started. After reaching Rochester. ~.
H.. Thaw said, he raquestSd Thompson
to accompany him to Canada. Thomp-
son was arrested. and Thaw said ho
paid his counsel and the fees.
A number of character witnesses
were called to testify in behalf Of tho
CO. defendants. Mr.. Stanchfeld then
moved to dismiss the indictments, be-
cause the state had failed to prove itD
contention that New York county had
no Jurisdiction over the case when the
indictments were found. ane that no
crime had been committed. The mo-
ton was overruled. rhe court held that
any county In which a part of the al
legged conspiracy had been carrier out
had purisdiction.
A motion to discharge Thaw's co.
| defendants. inasmuch as he had testi-
fed that they were not confederates
| hu. employees. was also refused.
Insists Thaw Is Sane.
In his closing address to the address
to the jury. sitting in the case of Harry
Kendall Thaw and four defendants,
John b. Stanchfield. Thaw's counsel.
urged the jury today to determine
whether Thaw had recovered his san
ity, and if they did to say so in their
verdict Mr.. Stanchfield sketched the
case Of the defense and laid emphasis
on the claim that Thaw had planned
ms own escape because E6 D9uCSCQ tDA6
he was sane, and that to remain In the
| hospital would cause him to lose hia
mind.
Attorney Kennedy 10 Assailsd.
Mr.. Stanchfield assailed Deputy At
torney General Kennedy, charging that
his sole occupation for five years had
been the case of Thaw. He said:
Private vengeance is the cause Of
the continuance by the state Of New
York of the case against Thaw-prob-
| ably at cost of $50,000-to try Thaw
on puny charge like this. am some-
thing Of q cross examiner ami would
give anything to cross examine Mr..
| Kennedy"
II am ready to go on the stand" res
marked Mr.. Kennedy.
IF you do and get at you. you will
always remember It." said Mr.. Stanch-
field. = = - =
Quick Verdict 10 Expected.
| The defense closed its case after
Thaw had answered q few questions In
cross examination.
The prosecution was to sum UP this
afternoon. The case, 1: -sc..lA
go to the Jury Immediately after Jnstice,
Page, presiding, had delivered A!s
charge. Attorneys for both side satd
II