New Britain herald., 1915-03-11
QUESTION OF THAW'S
 SANITY RULED OUT
Justice Page Declares Issue Is Improper in Conspir-
 acy Case.

New York, March Hilary K. Thaw's attempts to get evidence con- corning his sanity into the record of his trial for conspiring to escape from Matteawan failed today.
 Justice Page ruled out all testimony of this character except just enough to show that Thaw had the mental cd- pacity to enter in a conspiracy with his five co-defendants to escape. In his ruling, Justice Page asserted that the injection of testimony designed to prove the sanity of Thaw was improp- CT in this case, which was purely to try an indictment charging the exist ence of an illegal conspiracy to affect the escape of Thaw.
 The state brought its case to a close this forenoon and the defense immediately made tho usual motions
 to dismiss the indictment on the
 ground that the state had failed to
 prove its contentious. The motions
 were all denied. Later motion was made by the defense in behalf of Mit chael O'keefe on the ground that no evidence had been adduced to con- meet him with the alleged crime Jus tice Page granted the motion and dis charged O'Keefe.
 Thaw was still wearing a sweater and shawl when he came into court today.
 It was learned today, when court opened, that John w. Anhut the Thaw lawyer, serving a term in Sing Sing for trying to bribe the superin- tendent of the Matteawan hospital and who was brought down to testify in this case, had been taken back to Os- cir 1r,iy out question regarding the attempt ed bribery. the prosecution decided not to attempt to have Anhut testify.
 The first witness was John k. Ran kin. of East Rochester, N. H He cor roborated testimony given yesterday by his daughter, Hazel Rankin, re- garding the arrival of Thaw at East Rochester. and the placing of the au- tomobile in a barn there.
 Bernard Kelsey, a deputy sheriff Of Colebrook N. H., told of meeting Thaw on a train which passed through Rochester, N. H. Thaw admitted his identity and asked who the best att torneys were in that part Of New | Thaw said he was trying | to go to Pittsburg.
 Roger Thompson was with rhaw. !! the witness said. Kelsey told how he f. got constable Walter Drew, notified him he had seen Thaw, and how he 1 and Drew chased Thaw into Canada. Upon their arrival at Coaticook the sheriffs located Thaw and caused his arrest.
 On cross examination the witness said Thaw made no effort to conceal lis identity. When Thaw was brought back to Colebrook, after his deporta- ion by the Canadian authorities. the witness had him in charge. He slept n the same room and ate with him 'or about a week. Tt talked with Fhaw on a number of subjects Thaw llways was neatly dressed, the wifi ness said. He thought Thaw was well on all subjects
 Kelsey was asked whether he bought Thaw was rational
 The prosecution immediately ob- ected and was sustained The jury vas then excused while the attorneys iSued upon the admission of lay tes- ilnonE regarding the santiT of Thaw.
 when the Jury had retired Justice 'age said ne had admitted just so auch testimony regarding Thaws anity as would show that he was apable of entering into a conspiracv . ~ - SNe' iiN Salb, HOW the QueS- 1 ion of Thaw's sanity or insanity en- cred into the case
 In arguing for the admission of all 1 lmony regarding the canity of Thaw. ohn B. Stanchtield said it was the tea or lhaw, when he escaped. that ne coulu not get away from the 1 sylum he might by association be- ome insane. Further, being sane. nav considered he had right Go cave m any manner possible, Mir. i tanchheld said, adding that the scape is no crime"
 1ustice rage said the release should ave peen effected according to law.