The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-06-30
~- yHITE PLAINS, N. Y, June
INV 29.-Harry K. Thaw's
gf wv chances for a jury trial as
Wv to his sanity appear to be

81 very bright. AT the conclu-
(sion of argument before Justice Mills
this afternoon the justice said:
believe 1t should be only mat
ter OF time when this man ought to
Ehave jury, trial am not prepared
sto say whether 1t should be now or
later"
The Judge then ordered that Thaw be
detained in the Poughkeepsie jail and
adjourned the case to July 18th, when
new arguments and atfldavits will be
submitted The prisoner was taken
hack to Poughkeepsie this afternoon.
Trying to Get Out.
Thaw arrived from Poughkeepsie
this morning. accompanied by his coun-
{ sci. Colonel Bartlett. a Russell Pea
body and Charles Morschauser. r
District Attorney Jerome and Mr.
Vincent had arrived shortly before.
/ Colonel Bartlett began an address on
the legal points involved In the habeas
corpus proceedings, after which. Mr..
Jerome addressed the court.
There Is peculiar condition OF
facts here" said Mr.. Jerome. THE
proceedings before Justice Morschauser
I were exhaustively conducted. but be-
fore they were terminated before that
Justice. application was made to Justice
Dowling for a modification on. his or
der committing Thaw to Matteawan.
Now before Justice Dowling decides
that application they appear before
your honor with a new writ OF habeas
corpus. The papers We're not served
upon me until last Saturday. have
had no time to prepare return to the
writ, and am in nowise certain as to
the nature of the return shall make.
It may be a demurrer.
My opinionsts that the real purpose
OF these proceedings is to keep this
; alleged lunatic out Of 1Iatteawan. the
place to which he was properly COM
mi tied, and to which he was properly
recommended by Justice Morschhauser,
subject to Justice Dowling's possible
modification Of his order. :
Contradicts Jerome.
Colonel Bartlett denied Mr.. Jerome's s
assertion as to the purpose of the pro-
seedlings.
..Your honor is well aware" said
& Colonel Bartlett, .'of the legal principle
that nothing is binding on the return
4ofsaswrit OF habeas corpus. This young
man appears here as prisoner de-
prived Of his liberty without due pro-
cess OF law. :" i53
ls Colonel Bartlett then presented argu-
Fments on several points Of law, under
which he attacked the constitutional
lty Of Thaw's commitment to Mattea-
wan, and cited authorities from the
United States Supreme Court and the
& courts OF several States.
He attacked the constitutionality
I OF the section OF the penal code under
which Judge Dowling. committed Thaw
20 Matteawan. He argued that there
should have been an inquiry into
Thaws sanity after the verdict Of the
last jury and before bis commitment
Y to- AIatteawan.
ut is not Harry x. Thaws alone.'
cerned In this proceedin g and I want
4 TO say that he Is Just as sane, In my
y opinion, as amt Is the question
Il whether any man can be deprived OF
4 Ills liberty without due process OF
4 law sS5} \ III
Judge Mills asked IL there were
4 proper facilities at the Hudson River
Il State Hospital for guarding the pris-
Il oner and preventing his escape.
Easy TO Escape.
District Attorney y erone mad g, a
long argument against @ permitting
! sThaw going anywhere but to FMattea-
wan, the one proper place provided
by the Leg gislature for the treatment
Il of such prison ners.' ~ % M
He d eclared that from any Of the
y ether state ospltalsS a. nanEWltns ,uOu
\ could escape as easily as he (Jerome)
7s 90 cents He criticized the proceedings
as .'nonsense,,',S and cried ssi5''I IN n most
& earnestly object TO the "A hppodro ming
gfof this man from one county to ans
I other, Such proceedings bring justice
/ inHo disrepute ,'I pegard Dhaw as a
I dangerous sparano lac, wv 10 see ks an OPP
portuntty to escape from the jurisdlc-
tionSof this sta ate; /; to Wh htchl he cannot
], be returned und or requisit ION Is
Colonel Bartlett responded warmly
i TO Mr. Jerome. aWh o. he sal d, was con-
Quoting the prosecu ion OF H Tha.w W be-
yond the IN Yerd ict t5Eo 7 the, j Try, Y beyond
Il the limits OF his ID uty. ss
''lSIsaid colonel 3artlett Ut was
tinued an ~ inth aPags,A