New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-06-20
WIFE OF THAW
BARREDBYSTATE
FROM NEW TRIAL
Effect on Jury Of Her
Testimony Against Hus-
band Feared.
PREVIOUS RECORDS
TO BE SUBMITTED
Thaw Expects To Be Free in
Month, and Joyfully Makes
Plans for Future.

EVELYN Nesbit Thaw is not expected
70 be a witness az the contest OF Harry
X. Thaw for his freedom. which opens
before Justice Peter 4. HendrIck IN the
Supreme Court on Tuesday. At earlier
harbeas corpus proceedings she was
government witness. and unless Deputy
Attorney General Frederick Cook
changes his mind and subpUnas her
the state will use her former testimony
as part OF its case.
Susan Merrill the resort keeper
whose testimony was an important rae
tor in William Travers Jerome.s night
10 keep Thaw in Matteawan, has thus
far not been served with a subpoena,
though it is understood the government
wishes TO use her. In the event Of fur-
Their failure 70 Get service, her previous
testimony, like that o. Mrs. Ihaw, VIII
be read into the record.
The decision Of the government not
10 call Mrs. Ihaw IS understood 70 he
predicated upon the belief that 70 put
& wife on the stand 20 testify against
her husband under such circumstan
would be 20 create prejudice IN MS
favor on the part Of the jury. The
typed testimony. u is expected, will be
nearly as effective. so Ear as getting
her story before the jury is concerned.
Thaw was in a merry mood in Lud-
low Street Jail yesterday. He is con-
WINGED that he will be free within a
month, and has already begun 10 plan
his future. His present programme is
to return at once TO Pittsburgh. and
later 20 20 10 the mountains for rest.
New Hampshire has strong hold on
his affections. and he has expressed
his intention OF visiting the friends he
made while he was waiting for the
United States Supreme Court TO pass
upon the question OF his extradition.
Witnesses for Thaw began to arrive
in New York from Canada and New
Hampshire yesterday. There are so
many that those familiar with the case
believe il will take a month TO try il.
The trial will differ from the criminal
trials in which Thaw has figured, in
that he and not the government will
put in his side first. the government
putting its case in after he has fin
ished.
The Thaw lawyers, John B. Stanch-
field and Judge Morgan J. O'Brien. vii!
place their chief reliance on persons
who have been familiar with Harry's
actions since he left Matteawan with
out permission, the idea being 70 show
that no matter what his mental condi-
tion might have been at the time of
the murder of White or at his trials
for that crime he is now sane. To
show this witness after witness will
testify 10 Thaw's conduct as that Of
sane man.
Mr.. Cook. on the other hand, will
rely very largely on the medical record
of the case 70 show that the disease
from which il was found Thaw was
suffering is incurable. Experts will
swear that persons so afflicted may
appear normal 70 the layman for years,
might. in fact, pass for sane before a
board Of physicians not knowing his
history, but that such persons. how
ever quiet for years. are apt to break
loose again at any time.
Thaw is expected 70 be his own best
witness. 1t will probably be well tow
ard the end before he testiies The
names of the other witnesses are close
" guarded.
Considerable trouble is expected in
getting a jury. Two special panels Of
sixty tAlesmen each were subppnaed
yesterday. Previously formed opin-
ions are expected TO be urged bv many
as reason why they should not serve.
The prospect Of spending three weeks
70 a month in hot courtroom is not
one calculated TO make filing the jury
box easy The possibility of being
locked Up while the trial is in progress,
for which il Is possible the govern
ment will ask. is also expected TO in
crease the desire of talesmen to escape
service.
Captain W. J. Lynch, of the court
squad, was planning yesterday for
jam of the curious during the trial.
Attendance will be limited strictly to
the seating capacity of Part III, Trial
Term, one Of the largest trial rooms
In the County Courthouse. Most of
the room will be required by persons
under subpoena and the lawyers and
reporters. There will be little room
for the general public.