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Show oo 1 HAW'S WIFE IS 10 DEFEND DIM Thinks Husband Is Being Persecuted Per-secuted and That He Has Been Confined Long Enough. New VoTk. March 9 It was an-j (jounced :oday by an official of the! district attorney's office that in a! I probability Evelyn NoBbit Thaw would appear as a witness in Thaw B behalf in his present trial. In preious proceedings affecting Thaws liberty, Evelyn Nesbit TI.jw has appeared against him. A week ..go a process server from the district attorney's office called on Mrs. Thaw with a subpoena, bidding her to ap-lear ap-lear at liie trial for the prosecution She was quoted as having said-Mrs- Thaw for Defense. "I am tired of this case, I think Harry is bein;r persecuted and if I take any interest whatever in it, it till r. tn ,lr u'lril I "nr fnr liim I think he br.s been confined long enough ind if bm lawyers want me, I will do anything I can for hi ut For this reason, it was said no subpoena was left with Thaw's wife. It was understood, however, that the prosecution would not be surprised if she was called to the witness stand Mr Kennedy for the benefit of the jury, staled the case of Thaw from the night he t-hoi Stanford White and explained how he came to be con-fint-d in Matteawan until August. 1913. Only Two Methods of Release. There were oulj two methods by which Thaw could have bi-en released legally from the asylum Mr Kennedy Ken-nedy continued. The first was by suing su-ing out a 9 ril of habeas corpus and the second was upon the recommendation recommenda-tion of the hospital superintendent. "Thaw diu avail himself of these methods.' said Mr. Kennedy j'He sued out various writs of habeas corpus cor-pus Had an; of the numerous hospital hos-pital superintendents held the beliel that he had recovered his sanity they could have made a recommendation to a justice of the supreme court which would have caused his release." Thaw Still Insane. Mr Kennedy said thf state would otter evidence to prove that Thaw not only way insane at the time of his escape, but that he wns Insane sow, That, however, the assistant attorney at-torney general said did not excuse him for conspiring to commit a crime for. according to the law. an insane person is responsible for a criminal act, unless It can be proved that he did not know his act of escape was m crime After Mr. Kennedy concluded. John B. Stanchfield for the defense, madf motions to dismiss the Indictment on the ground that alleged facta were not suff'i lent to eonstitato n crimrs, and there was nothing to nhow thai Thaw knew ther was anything wrong in escaping. The motions wave denied. de-nied. William Pennv clerk of the court, the first witness, Identified the rec ord of Tbaw's second trial and the papers pa-pers upon which Thaw wai commit ' t b6 to Mattpawon r ., |