The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1908-05-29
SLAYER
IS INSANE; MUST
STAY IN ASYLUM
Justice Morschauser Files His
Decision Adverse to Harry
K. Thaw.

Poughkeepsie, N. Y, May 90
Harry X. Thaw, the slayer of
Stanford White, will not be re-
leased from the lunatic asylum.
This is the decision returned by
Justice Morschauser, of the SUI
,preme court, in an opinion filed
early this morning in the matter
of Thaw's application for release
on a writ Of habeas corpus.
Both points brought up by
'Thaw's attorneys are decided
against him. The justice declares
that Thaw is now insane and
should not be allowed at large,
and he further declares that the
commitment to the lunatic asylum
by Justice Bowling after the last
trial Of the case was entirely legal.
Thaw's lawyers will apply to the
court for permission to place Thaw
I'm some other institution Than the
Matteawan asylum and by stipulation
with the district attorney the prisoner
WIN be kept in the jail here until JUS
.tico Morschauser renders a decision.
The justice 10 holding court at White
Plains this week and will not be able
Ito hear the APPLICATION before ext week.
Thaw ls Resigned.
When Thaw was shown a o py of
the reporters an interview, talking un-
reservedly on everything except his
wife. Ills chief theme was the news
paper reports of the evidence in his
trial. He did not discuss the action OF
the court. but said Jerome had done
what he deemed his duty.
Pending the signing OF papers of re-
commitment, which probably will not
he done before a week from next Sat
urday, Thaw will occupy Sheriff Chan
ler's suite in the county building, here.
In the meantime an effort will be made
by Thaw's attorneys to induce Mr..
Jerome to consent to the commitment
Of thep prisoner to one Of the state hos
pitfalls other than Matteawan. 1t is said
IN the event OF Jerome giving his con-
sent to such a change, no appeal will b.
taken from the decision. Even II the
he argued before fall.
> The Decision.
Justice Morschauser's decision 10 as
follows: 4as
Upon application duly made, !. writ of
;As Hat, IS s Thaw was directed e be pre-
i erssonsa 'aa Z 9 ressr. 1nsT Of Z Nil iini Y 4 a% py
ire Matteawan state 66ospitsi. = state IN, n.
lotttution for the Insane.
/ Th4w's detention 10 attacked upon the
yirst. Thst hs lis now sane.
sions Of which he was committsd snd
detained IL Unconstitutional and the court
was Without Jurisdiction to issue the order
lof commitment and such order was null
The return to the writ alleges that said
iThaW is now insane and that the statute
fHthaw 10 constitutional and valid, and that
the court had jurisdiction to make the
order Of commitment. The return IL ira
Thaw at the time Of his trial for homi-
eide. asa defense. pleaded insanity and
Rssssnted proof to show h1s insanity at
the proof offered on his behalf, the jury
was convinced that he was insane and
acquitted him upon that ground.
Has Not Changed.
am satisfied from the evidence adj
ltion of Harry X. lay has not changed,
and 4 f1nd that he is now insane and that
Iit !, g manifest as to make It unsafe
voluminous evidence adduced at the hear
'ing would unnecessarily lengthen this
Thaw was committed pursuant to sec
ton 45A of the code of criminal procedure.
which reads az follows:
;on h ground of insanity the fact is to
be stated with the verdict-commitment
of defendant to state %lunatic asylum.
When the defense IL insanity OF the
defendant the jury must be instructed II
they .acan.t him on that ground to state
custody and they deem his discharge dan
Serious to. public peace or safety, order
him to be committed to the state lunattc
until he becomes sane.
"a The question Of the onstitutionality OF
this law Is assailed by the relator in
tha he claims that there was no notice
given Thaw of q hearing given Thaw on
PEACE N IN COAL