The sun., 1908-06-28
THAW GETS NEW WRIT
AFTER HE HAS BEEN REMANDED
TO MATTEAWAN.
The Writ Requires the Sheriff to Produce
Thaw Before Justice Mills at White
Plains Monday Northumberland That
His Sanity he Determined by Jury.

His Sanity he Determined by Jury.
PoUaHKEEpsIE. June 27-Simultaneously
with tho fling Of an order by Supreme Court
Justice Morschauser to-day remanding
Harry X. Thaw to the Matteawan Hospital
for the Criminal Insane. his lawyers filed an
order by Justice Isaac N. Mills granting an
other writ Of habeas corpus. which acts as
a stay. Thaw will be taken before Judge
Mills at White Plains Monday morning. The
principal point to be settled is whether
Thaw has the right to demand a jury trial.
which his attorneys contend he has.
This new move in Thaw's case has been
contemplated ever since the collapse of the
original habeas corpus proceeding before
Judge Morschauser. Thaw has horror Of
Matteawan. He says that he would rather
go TO Sing Sing among sane criminals.
where he will be subject to prison routine
than TO return to Matteawan and dwell
among insane criminals and be subject to
the whims Of the officials He is convinced
that DR.. Amos r. Baker. the acting super
intendent. is prejudiced against him.
belief that he was not fairly treated at
Matteawan
Nothing is known by Thaw's attorneys OF
any decision by Justice Dowling in the mo-
ton by Thaw's lawyers to change the COM
mitInent Of Thaw from Matteawan to some
other institution. Judge Morschauser said
to-day that he did not know what action. il
any Judge Dowling had taken. There is a
report that the two Judges had had con-
ference and that Judge Morsohaussr's action
Dowling would refuse to change his original
order This could not be confirmed
District Attorney Mack OF Duchess county
will consult with District Attorney Jerome
Of New York and will cooperate with him
as he did before In resisting Thaw's efforts
to obtain his freedom. Mr.. Mack regards
the jury trial feature OF the new writ as
something novel in that sort OF procedure.
II has never been passed upon by the courts.
The prospect 10 that it will be argued at
Whatever the outcome Of Thaws latest
legal move may be, the immediate effect
of 1t will be to delay for long time TO come
his return to Matteawan. Evidently this is
one object that he is desirous to accom-
plish.
All the points raised in Thaw's first ha-
beas corpus writ are brought out in the
pending proceedings The position on
which the writ was granted Is made by
Thaw's attorney. A. Russell Peabody.
ton o} Charles Morsohauser, a Poush-
keepsie attorney, who is the latest addition
to fhaw's legal staff. Mr. Morschauser is
a brother Of Judge Morsohauser. but he
did not come into the case until after the
termination Of the hearing Of Thaws case
in his brothers court.
Thaw says that he was attracted to Mr..
Morschauser by his ability as O jury lawyer.
II Is his earnest desire to be examined before
twelve men, He says that he will submit
and is convinced that he can secure a
verdict that he is sane. Mr.. .Morsohauser
Is attorney for Mrs. Tower in her action
for separation from the millionaire iron
master, which Is now In the hands Of
Judge Keogh at White Plains for decision.
Judge Millss order in Thaw's second
habeas corpus was served early this morn
ing on acting Sheriff Townsend of Dutohess
county. on DR.. Raker at the Matteawan
State Asylum and Mr.. Lamb, the superin-
turned from Europe; also on District Attor-
ney Mack. The order granting. the writ
was obtained from Judge Mills last night
at Troy. where he was stopping over night
on his way home from trip to Massaohu-
with the production Of Thaw In Judge
county will cease to be his custodian. The
place Of bis further detention pending the
termination Of the writ will depend upon
to Dutohess county or be kept at the jail at
White Plains
Col. Franklin Bartlett of Harry Thaws
counsel was asked about the writ yesterday
IT Is true that writ was obtained by
Harry Thaw's attorney, Mr.. Peabody
he said. 1T win be rsturnablc In White
Plains on Monday
viii you ask for trial BY jury"
What that 10 do not care to say yet. The
case viii probably not come to trial until
win you ask that Thaw be taken out of
Matteawan while tho trial 10 pendingl'
ha - az for hia fra nafar to the Woafcheatar