Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-06-30

| White Plains, n. Y, June 29.-Haffy
Thaw's chances for Il jury trial as tC
his sanity appear to be very bright. AT
the conclusion of argument before
Justice Mills this afternoon, the JUS
tice said:
II believe it should be only mat
ter Of time when this man ought to
have Il jury trial. | am not prepared
to say whether it should be now or
later"
| The judge then ordered that ThaW
should be detained in the Poughkeep-
sic Jail and adjourned the case to July
| IS, when new arguments and atlidavits
| will be submitted ThaW was taken
back to poughkeepsie this afternoon.
| White Plains, n. Y, June 29.-Under
the proceedings on which ThaW was
arraigneG here today, the question of
his right to Z jury trial was raised. In
the first habeas corpus proceedings be
fore Justice Joseph Morschauser in
| Poughkecpsie this point was not
| brought up, as counsel for Thaw as
| sumed that his sanity was perfect.
Thaw's counsel Charles Morschauser,
together with Franklin Bartlett of
New York, urged Judge Mills to grant
Jury trial 1t was expected that Dis
trict Attorney Jerome or his assistant.
Mr.. Garvin, would oppose Thaw's APP
rlicaton for a trial by jury.
Under the proceedings on which
Thaw was brought here today. Ed
| ward Conger, assistant district attor-
| ney of Duchess county. appeared in
court to oppose any application for the
return of Thaw to the Duchess coun-
| ty Jail.
| The Thaw party was Joined on the
| train by DR.. Charles w. Pilgrim, SUI
perintendent of the Hudson River
state Hospital for the Insane at
| Poughkeepsie. who testified as an ex-
pert in behalf of Thaw at the last
| trial.
| DR.. Amos Baker, assistant supern-
tende.it of the Matteawan asylum.
camc Gown on the same train. He and
Thaw shook hands at Tarrytown while
waiting for the car to White Plains.
| Thaw enjoyed the ride down the
Hudson. Its the first ! have seen Of
| the country to any extent in two
years" he said He looked out of the
| window on the river side all the way.
| commenting on the scenery. He was
! in fine spirits and declared that his
stay in the Poughkeepsie Jail had
helped him because he was permitted
there to have much better food than
| the simple diet to which he had been
| restricted to at Matteawan.
While waiting for the court To con-
| vene, Thaw went to a barber shop in
the village for the shave which his
| ,,.t d., In l.na had mi
| allowed him to have in the jail. He
was followed by curious crowd as he
went down the street accompanied by
his guard and big audience clustered
outside the shop gaZed through the
windows while the barber worked. On
his way back To the court house Thaw
permitted camera men to snap him
several times.
The county court room was we'll
filled when Judge Mills arrived. When
| Thaw entered the court room he was
accompanied by his counsel, Col.
Bartlett, A. Russell Peabody and
| Charles Morschauser. District Attor-
ney Jerome was in court awaiting the
arrival of the prisoner.
Col. Bartlett began an address to the
court on the legal points involved in
the habeas corpus.
Col Bartlett was permitted to make
his address over the objection of Dis
trict Attorney Jerome who announced
his intention of asking for a 10-dayS
adjournment to give him time to pre-
pare a return to the writ, but as Col
Bartlett is to sail for Europe tomor-
row morning. the court decided that he
| chOu1G he heard at this time
There is j peculiar condition OF
facts here" said Mr.. Jerome. "The
proceedings before Justice MOrschaus-
er We're exhaustively conducted. bu
before they were terminated before
that justice, application was made tc
Justice Bowling for a modification OF
his order committing Thaw to Mat
teawan Now before Justice Dowlins
decides that application they appear
before your honor with a new writ Of
habeas corpus. My opinion is that i
is the real purpose Of these proceeding:
to keep this alleged lunatic out Of Mat
| teaWan.'
Col Bartlett answered denying Mr.
Jerome's assertion as to the purpos,
of the proceedings.
, Il will hear you. Col Bartlett" sait
Justice Mills, but it troubles me t.
be called upon to pass upon questions
so recently presented before anothe
judge in this judicial district"
Col. Bartlett declared that the point
which he wished to present to tn
court We're not argued in the proceed
ings before Justice Morschauser.
. Your honor is well aware of tn
l., L;
on the return of writ Of habeas cor
pus," said Col. Bartlett. This youn
man appears here as a prisoner de
, prived of his liberty without due pro
cess of law
Col Bartlett attacked the constitu
tionality of Thaw's commitment t
Matteawan and argued that Their
should have been an inquiry int