The Montgomery advertiser., 1908-06-30
THAW MAY GET A JURY TRIAL Sent Back to Poughkeep-
 sic Jail. JEROME USES HOT WORDS Says Purpose is to Stay Out of
 Asylum. Justice Bowling Denies Petition For RemovaI From szatteawaa and
 Declares whites slayer
 Is DauserousIy Insane.

[ f
 white Plinas, N. F.. June 2ss--Harry K. Thaw's chance for a jury trial as 70 his sanity, appears to be very bright At the conclusion of argument before Justice Mills this afternoon, the Jus tice said:
 T believe 1t should be only q matter of time when this man ought to have a jury trial. am not prepared to say whether 1t should be now or later.
 The judge then ordered that Thaw should be detained in the PouEhk eep- sic jail, and adjourned the case to July Is. when new arguments and afidayits will be submitted. Thaw was taken back to Poughkeepsie this afternoon.
 Thaw arrived from Poughkeepsie this morning, accompanied by his counsel, Colonel Bartlett, A. Hnsseli Peabody, and Charles Morschauser.. District Attorney Jerome, Mr. Conger, and Mir. Vincent had arrived shortly before.
 Colonel Bartlett began an address on the legal points involved in the habeas corpus, after which Mr. Jerome ao dressed the court.
 .sThere Is a peculiar condition of facts here" said MT. Jerome. The proceedings before Justice Mauschaser were exhaustively conducted but be- fore they were termiuatd before that Justice application was made to Jus tice Bowling for a modification of his order committing Thaw to Mattewan. Now, before Justice Bowling decides that application. they appear before your honor with a new writ of habeas corpus.
 'SThe papers were not served uponme until last Saturday. I have had no time to prepare q return to the writ and 1 am in no wise certain as to the nature of the return I shall make It may be a demurrer.
 My opinion ts that 1t Is the real pur- pose of these proceedings to keep this alleged iunatic out of Mstteawatl. the place to which he haa been properly committed by Justice Morschauser, sub- ject to Justice Dowiing's pcssibe modt- ficati0n of his order"
 Colonel Bartlett denied Mir. Jerome's assertion as to the purpose of the pros ceedings.
 Your honor is well aware" said Colonel Bartlett, "of the legal prtnci- ple that nothing Is binding on the re- turn of q writ of habeas corpus. This young man appears here asa prisoner deprived of his liberty without due process of law"
 Colonel Bartlett then presented. an argument on several points of law un- der which he attacked the constitu- tionality of Thaw's commitment to Matteawan and cited authorities from the United States Supreme court and the courts of several States. He att atcked hthe constitutionality of the section of the penal code under which Judge Bowling committed ;Thaw to Matteawan.
 Colonel Bartlett argued that there should have been an inquiry into Thaw's sanity after the verdict of tho last jury and before his continent to Matteawan.
 Tt is not Harry K. Thaw alone" said Colonel Bartlett. who is concern ed in this proceeding-and I want to say that he is just as sane, in my opin- ion, as amt is the question whether any man can be deprived of his liberty without due process of law"
 Judge Mills asked if there were proper facilities at the Hudson River State Hospital for guarding the pris- oner and preventing his escape.
 District Attorney Jerome made a long argument against Thaw going anywhere but to Matteawan, the one proper place provided by the LegisIa- lure for the treatment of such prison CTS"
 He declared that from any other State hospital a man with $1.000 could escape as easily as he (Jerome) could buy a ticket to New York for 50 cents. He characterized the proceedings as nonsense" and cried. "I most earn estly object to the hippodroming of this man from one county to another, such proceedings bring justice into disrepute. I regard Thaw as a danger ous paranoiac who seeks an opportun- ity to escape out of the Jurisdiction of this State to which he cannot be re- turned under requisition."
 Colonel Bartlett responded warmly to Mir. Jerome, who he said was con- ducting the prosecution of Thaw be- yond the verdict of the jury, beyond the limits of his duty.
 Why" said Colonel Bartlett, T was told at Matteawan that could have but nineteen minutes in which to talk to Thaw. and I was virtually fired on the twentieth minute. We will give a bond of $100, 900 that he will not try to escape from any institution"
 Judge Mills ended the argument by announcing:
 T believe 1t should be only a mat ter of time when this man. ought to have a jnry trial. I am not prepared to say whether 1t should be now or later"
 The Judge directed Thaw's detention in the Poughkeepsie jail.