Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1908-05-16
DEFENSE RESTED IT'S
CASEsLAST NIGHT
ACTION lNsHABEAs CORPUS PRO-
cEEDLNG BROUGHT TO SECURE
RELEASE OF IHAW FROM THE
Y ASYLUM

sa EOuSuk0epSlt, Mf4y 1O'--Dl. xAAA1oS =
Baker, acting superintendent of Mat
teawan asylum, was the first witness
today in the Thaw habeas corpus pro-
ceedings. He was called by Dis
trict Attorney Jerome, not as an ex-
pert, but to give the court state
ment Of Thaw's conduct during the
three months he was in the institu-
tion. Baker related conversations
with Thaw on various topics. In speak
ing Of his trials Thaw said to Baker:
IF was ever insane tn my life the
attack began one minute before shot
White and ended a half minute after
J ward"
Two Doctors Cali Thaw Insane.
The doctor repeated a description
which Thaw gave him of house al
legged to have been maintained by
Stanford White and others. He said
these men plotted to put him In an
asylum to prevent him from exposing
their alleged mtsdeeds, Baker said
that in his opinion Thaw is insane,
and that it would be dangerons to pub
lie safety to have him go at large.
DR.. Charles F.. Macdonald, an alien
ist, testified that in his opinion Thaw.
is an incurable paranoiac whose con-
fnement is demanded by the consider
alton Of public safety.
Thaws counsel contend that JUS
tice Bowling did not conform to the
legal requirements when he commit
ted Thaw to Matteawan. They claim,
therefore, that he Is being deprived Of
his liberty without due process Of
law.
Motion for Release Made.
When the judge had ascended the
bench Mr.. Graham made motion for
the discharge of Thaw on the ground
that no testimony as to his sentty or
to show that 1t would endanger pub
lie safety to have him at large was
taken at the time Of his commitment;
that his commitment did not comply
with the statutory requirements, and
that Thaw had no opportunity to be
heard or to offer evidence as to his
sanity. Mr.. Graham argued that
Thaw's confinement is unconstitution.
al
This man was entitled to a pre-
sumption Of sanity at the time this
commitment was made" said Mr.. Gra-
ham.
Justice Merschauser said that he
was unwilling to decide the constitu
tionA question apart from the sanity
question unless the relator would
agree to waive the question Of san
ity.
After some discussion between the
opposing attorneys it was arranged to
proceed with the trial of both the
constitutional and insanity questions,
the Judge reserving his decision on
the former.
Mcclure Calls Thaw Sane.
DIR. Frank H. Mcclure, physician 1T
the Tombs prison, witness for Thaw,
said that he saw Thaw nearly every
day while he was In the Tombs and
that he seemed perfectly receptive
and perfectly responsible. In my
opinion he was RATIONAL said DR.. Nc
CURE, and that was my opinion when
he left the Tombs
The only time, DR.. MCGUIRE said,
that he ever saw any emotional excit-
ability in Thaw's conduct was in the
fall Of 1906, when Thaw complained
of a draught in his cell which made
him fear pneumonia.
When the afternoon session opened
Mr.. Graham called DIR. Charles E.
Lane, a Poughkeepsie physician, who
said that he had seen Thaw four
tunes since April "a, 1908 He talked
with Thaw about his attedance at
schools. his health and habits.
Il found Thaw to be in perfect ply
sical condition" the witness contfn-
ued. "He was not irritable. His mem
: ory was good. His opinions and judg-
ment as expressed on various general
subjects seemed good. He discussed
one of Mr.. Jerome's speeches during
his trial, but without excitement
DR.. Lane said that Thaw showed
him notes which he made Of Jerome 5
speeches during the trial Mr.. Je.
rome asked Thaw's counsel to produce
them. The request was refused. DR..
Lane said that the notes were type
written; they were coherently and ra-
tionally expressed
State Begins Its Evidence.
The defense closed with the after
noon session and the state began its
evidence in the evening.
The evening session began at 1870
o'clock with Mr.. Graham cross-exam
CONTINUED, on page s.)