The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-05-26
BEST FOR PUBLIC THAT
HE BE NOT SET FREE
Safety Of the Public Better In.
surcd by His Remaining Under
Observation Until No Dan
ger Of Recurring At
Ack OF His De-
lusion.
- ouGHKEEPsIE. n. Y. May 25.--
"1n view OF the existing mental
condition OF Harry K. Thaw
the safety OF the public is bet.

,
s- ter insured by his remaining
in custody and under observation until
he has recovered or until such time az
1t shall be reasonably certain tina,
there is no danger OF recurring at
tack OF the delus!on or whatever 4.
may be-"
uce Morschauser. OF the State Supreme
Court, IN decision handed down to-
day in the matter OF Thaw's appllca-
tion for release from the Mattcawan
Asylum for the Criminal Insane on a
writ Of habeas corpus.
The Prisoner Unmoved.
Thaw. who has been In jail here
since the insanity hearing was begun,
was quickly apprised by his counsel
Of the adverse nature OF the decision,
and has accepted apparently with
resignation. the decree that he is still
insane or that the interests OF the
public will be best served by denying
him liberty.
Pending the signing OF the papers
OF recommltment. which probably VIII
no, be done before week from next
Saturday, Tflaw will occupy Sheriff
Chanler's suite in the county building
here. In the meantime an effort VIII
be made By Thaw's attorneys to induce
District Attorney Jerome to consent
70 the commitment OF the prisoner to
one of the State hospitals other than
Ma.tcawan. 1t is said in event of Nr.
Jerome giving his consent to such
change no appeal will be taken from
Justice Morschauser's decision. Even
~ an appeal were taken II could not
be argued before fall.
Reports Not Fair to Him.
After James G. Graham. his attor-
rev. had shown him copy of Justice
Morschauser's opinion Thaw gave the
reporters, an interview. and talked
yolubly about his case. HIS chlef
theme was the newspaper reports OF
the evidence on his trial. Much testi-
u.ony favorable to him. he asserted.
was not published, probably because
1, did not appear to the reporters as
Interesting, while undue prominence
was given to District Attorney Jerome S
cross examination OF Thaw's experts.
because Jerome knew how to make II
Interesting. He said:
..rakc, for instance. Mr. Jacoby.t Ills
direct testimony was conclusive. put
not interesting. His cross-examination
under MIR. Jerome was interesting. and
.he newspapers printed 1t. Probably
should have done the same as the re-
porters in the same position.
rhaw did not discuss the actlon %
the court He said that Air. jerome
bad aone what he deemed his duty,
AsL.d about a report that Evelyn Thaw
,yould withdraw her annulment sule
a. ordar TO try to have herself ap
nn,nted committee OF her husband
property. Thaw said he had no rear OF
any such action. Thaw was chee.i y,
for . man who had just heard pao
news. ,d Mrs
George Carnegie. his sister S4s1teu i'lti
in the jail to-day.
I,o.e. on Both Points.
potb noints brought up by Thaw's
.+torneys are decided against him. me
in.tice declares that Thaw is now IN
sane. and should not be allowed at
large. He further. declares the COM
rnitmept to the lunatic asylum by
Justice Bowling after the last trial
was legal.
Justice Morschauser. after reviewing
the history OF the case and the two
trials of Thaw says:
THE proof and evidence on the part
OF the respective parties have been ably
presented and the matter has been
submitted. Thaw. at the time OF his
trial for homicide, as a defense, plead
ed insanity. and presented proof to
show his insanity at the time Of the
killing OF White, and by the proof
offered on his behalf the jury was
convinced that he was insane and ac-
Quilted him on that ground,
II am satisfied from the evidence
adduced before me that the mental
conditionsof Harry X. Thaw has not
changed. ! find he is now insane, and
It is SO manifest as to make it unsafe
for him to be at large
ITO review the volunlinous evidence
adduced on the hearing would unneces-
sarily lengthen this opinion. y
.Thaw was committed pursuant to
esction, 454 OF the Code Of Criminal
Procedure, which reades as follows:
Section 454-When defendant Is
acquitted on the ground of insanity
the fact to be stated With the verdict
commitment of defendant to State
lunatic asylum.
when the defense is insanity of
the defendant the jury must be in
strncted. If they acquit him on that
ground, to state the fact with their
verdict. The court must, therefore, If
the defendant helm custody, and they
deem his discharge dangerous to the
public peace or safety. order him to
be committed to the State lunatic asy-
lum until The becomes sane
Law In Constitutfonal.
'sThe question of the econstitutionality
of this law is assailed by the relator,
In that he claims there was no notice
EiVen to Thaw OF a hearing upon the
qnestlon of insanity; that no hearing
was accorded to him; that he has been
deprived of his liberty without due
process of law, and that the statute
under which he was committed does
mot provide a method by which his
mental condition. as then existing,
could be legally ascertained, or any
method BY which his sanity could be
shown,
-..rhs people contend that Thaw, was
not d prived of his liberty without due
process of law, because he knew that
s4t5 he chpse to prov O. upon the trial of
(eoatlaued on Fourth Psge,l