New-York tribune., 1908-06-28
NEW WRIT FOR THAW
He VIII Appear at White Plains
TO-mOrrOsc.

Poughkeepsie. N Y. June 27-Earry X. Thaw
has obtained writ OF habeas corpus, return
able before Supreme Court Justice Mills at White
Plains at 10 80 a. m. Monday when counsel TOT
Thaw will endeavor to secure jury trial to pass
on his mental condition. The writ WAS served this
morning on Under Sheriff Townsend in anticipation
of Justice Morschausers signing order at IL
O'Clock this morning recomm!tting Thaw to Mat
teawan. The writ has the effect Of holding Thaw
here until Monday. when the Sheriff will be re-
uuired produce him before Justice Mills at White
Plains.
The expectation by Thaw and his counsel that
Justice Morschauser would recommit the slayer OF
Stanford White to Matteawan proved correct Dis"
trct Attorney Mack presented to the judge TINS
forenoon the formal order of recommitment 10 Mat
teawan, which Justice Morschauser promptly signed.
1t would have had the effect of returning Thaw
to Matteawan to-day. but just before the order was
signed Under Sheriff Townsend. who has been the
custodian OF Thaw since the first habeas cor
pus proceedings were begun was served with the
new writ, which commands the Sheriff to produce
Thaw In the Supreme Court at White Plains on
Monday.
The writ was served on the under sheriff by
Charles Morschauser of Poughkeepsie, who, no"
that his brother Justice Morschauser, has finally
disposed of the by finding Thaw insane and
ordering him recommtted to Matteawan. has oeen
retained by Thaw to conduct new proceedings with
view to obtaining his liberty, and. II that be I'M
possible to him from going back to Mattea-
wan.
The writ obtained from Justice Mills last
evening at Troy where the Judge was staying over
night his way home from a trip to Massachu-
setts. Copies of the writ were served on District
Attorney Jerome District Attorney Mack and
| Sheriff Chanler OF Dutchess County and Superin-
| tendent Lamb of Matteawan to-day.
Thaw delighted this morning with the turn
| affairs have taken. He made the following state
ment:
| teawan on account of being obliged to associate
p4en wit" Ps1e ali Toaa along
since Justice Morschanser handed down his de-
would YOU'D be able to ICON Convince twelve men Of my
Having Having BEEN BEEN in ant the Poughkeepsie Jail about
eight weeks. I have frequently heard of Charles
asked him to call He told me that he he
oe had nay spo9e ln of R
he is in charge of my interests and will. If pos
anxious to take the stand and be examined as to
my mental condition, feeling confident that
jury will agree that / am not insane.
The petition on which Justice Mills granted the
new writ is made by A. Russell Peabody. attor
ney and next friend Of Thaw. 1t recites that the
young is restrained of his liberty by Sheriff
Robert W. Chanler OF Dutchess County. and that
he is not detained by virtue of any mandate issued
by court Judge of the United States by
final Judgment or decree of competent tribunal
OF civil criminal jurisdiction. The order COM
mitting Thaw to the custody OF the Sheriff of
| Dutchess County is attacked the ground that it
same argument is applied to Thaw's original COM
mtment to Matteawan after the second jury which
tried him for the killing of Stanford White had
acquitted him account of insanity.
A new point is raised that the petitioner holds
that Thaw. after his acquttal, could not be law
fully restrained of his liberty insane person
without inQusitIon in lunacy in which he would
be entitled to have the issue Of his sanity deter
mined by jury. The Issue OF the unconstftution-
alty of Thaw's detention in Matteawan. which was
raised in the original habeas corpus, is repeated In
the petition.
The proceedings here to-day were independent OF
Justice Dowlings action to the modification Of
his original order committing Thaw to Matteawan.
Nothing had been heard here up to noon of Jus
tice Dowlings decision the application made by
Colonel Bartlett on behalf Of Thaw to have him
committed to some state hospital other than Mat
teawan. Justice Dowling reserved his decision at
the time the application was made.
Iakeville Conn, June T.-Distrlct Attorney Je-
rome said to-day relative to the new writ OF
hsbeas corpus obtained by Harry x. Thaw's coun-
gel that he had definite information on the
matter
IF the law is plain said Mr.. Jerome. that
T71aw is entitled to jury trial on the matter OF
his mental condition I do not wherein could
oppose It II the subject is not clearly determined.
should, speaking in light Of only indefinite in
formation certainly oppose the Jury trial should
oppose II the ground at least Of objection to
prolongation OF the litigation"
When Colonel Franklin Bartlett, Of counsel for
Harry K Thaw, asked yesterday about the
habeas corpus proceedings which A. Russell Pea
body had obtained he said every effort would be
made by Thaw's counsel to have him tried by jury
I'VE shall also raise legal point" he said. but
what this is I do not to say yet. The case
will probably not come to trial until fall"
Colonel Bartlett said IT his opinion that
Thaw instead Of being transferred to Matteawsn
while the trial pending would be taken to
the Westchester County Jail. and he intimated hi.
intention to move for such disposition Of client