Waterbury evening Democrat., 1908-09-21
,THAW ONCE MORE
HIs Plea for . Jury Trial ls DeiermIue the Question of Bis Sanity.

Harry Thaw entitled under the law of the state of New York to have jury trial as to his sanity?
 This question and this alone is in- yolved in the proceedings to be heard to-day by Supreme Court Jus tice Isaac N. Mills on the return of writ of habeas corpus obtained by Thaw on June 27, after Justice Nor schauser. without a jury, had decided that Thaw was dangerous lunatic and should be continued in the Mat teawan asylum for insane criminals.
 Undaunted by the failure of all his previous attempts to gain his liberty, fThaw will go before Justice Mills at 10.30 this morning confident that the arguments of his counsel will con- vince the judge of his right to a jury trial. District Attorney Jerome is expected to appear and oppose the granting. of jury trial.
 Thaw Was committed to the Matte awan asylum by Justice Bowling of New York on February 1, immediate ly on his acquittal of the charge of murder in killing Stanford White on the ground of insanity. The latter part of May Thaw obtained writ of habeas corpus from Justice Nor schauser, the resident judge, in Duchess county, in which the asylum Is located. After three days hearing in which District Attorney Jerome vigorously opposed Thaw's discharge, Judge Morschauser decided that Thaw's mental condition was the same as when he killed Stanford White and that he was dangerous lunatic.
 Judge Morschauser, by agreement of counsel, deferred signing the or der recommitting Thaw to Matteawan until June 27. In the mean time Thaw's counsel, Colo nel Bartlett, had asked Justice Bowling to modify his original commitment so that Thaw might go to one, of the state insane hospitals other than Matteawan. Judge Bowling refused. Thaw had
 been confined in the Duchess County jail in Poughkeepsie since the beginning of the proceedings and retained Charles N.. Morchauser, a
 brother of the judge, soon after the latter decided against him, and his new counselS obtained new writ of habeas corpus from Justice Mills
 which acted as stay when Judge Morschauser signed his order recom- hitting Thaw to Matteawan and kept him in the custody of the sher- if 0t pAt hsss cnaI t'KsussThare were two hearings bcfore Jaifike MfilA n July at one of which Colonel Bart lett, on behalf of Thaw argued on constitutional and legal provisions which he asserted entitled Thaw to have jury pass upon his mental condition.
 Preferring not to meet the issue at that time District Attorney Je> rome consented to an adjournment until to-day and 1t. was agreed that Thaw should remain meanwhile in the Poughkeepsie jail. Ten days ago at the request of Sheriff Chan Ter of Duchess county, Judge Mills ordered the prisoner transferred to the jail here, where he is now con- fined awaiting the outcome of the proceedings before Judge Mills. After hearing MT Jerome and Charles Morschauser to-day, Judge Mills is expected to reserve his de-
 cision. The judge stated at the last hearing that the jury question was the only one that he would consider, the constitutional question and Thaw's mental condition having
 been so recently passed upon by Jus tices Bowling and Morschauser.
 Thaw on arrival in court room was greeted by his counsel, Charles Nor schauser. Many spectators were pres ent. Justice Mills at once opened the hearing on the question whether Thaw is to have a jury trial to deter mine his sanity.
 The hearing was postponed until next Saturday lat the request of Mir Jerome, who Is not ready to go on with the case.