The citizen-Republican. (Scotland, Bon Homme County, S.D.) 1???-19??, 1908-05-28
WHITES SLAYER
is INSANE; MUST
STAY IN ASYLUM
Justice Morschauser Files His
Decision Adverse to Harry
K. ThaW.

Poughkeepsie, n. Y, May 20
Harry *. 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 ease was entirely legal.
Thaw's lawyers will apply to the
court for permission to place Thaw
In some other institution than the
Matteawan asylum and by stipulation
with the district attorney the prisoner
will be kept in the Jail here until JUS
tice M~orschauSer renders a decision.
The justice is holding court at White
Plains this week and will not be able
10 IledI Tue apllcdUlOT before next Week.
Thaw Is Resigned.
When Thaw was shown a copy of
Judge M~orschauser's opinion, he gave
the reporters an interview, talking UNI
r~eservedly on everything except his
wife. His 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
be lone 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
pitfalls other than M~atteawan. 1t is said
in the event of Jerome giving his con-
sent to such a change, no appeal will be
taken from the decision. Even If the
appeal We're to be taken. it could not
be argued before fall.
The Decision.
Justice M~orschauser's decision is as
follows:
Upon application duly made. a writ of
habeas corpus was allowed by which
Harry K. Thaw was directed to be pro
.a ailegad In hat aou saia T II the is : f i1lt t i it ,d is
prisoned and restrained of his liberty by
Amos I. Baker, acting superintendent of
SIlS NidtlGdWdl state nOSD1lal. a state in
.stitution for the insane.
Thaw's detention is attacked upon the
grounds:
First. That he is now sane.
Second. That the act under the provi-
asions of which he was and
detained is unconstitutional and the court
was without jurisdiction to issue the order
of commitment and such order was null
and void.
The return to the writ alleges that said
IhaW is now insane and that the statute
providing for the confinement of said
Thaw is CONSTITUTIONAL and valid. and that
the court had jurisdiction to make the
order of commitment. The return is ira
versed by the relator.
Thaw at the time Of his trial for homi-
eide. as a Defense. pleaded insanity and
re time Of the killing Of W White and BY ~
was convinced that he was insane and
acquitted him upon that ground.
Has Not Changed.
am satisfied from the evidence ad-
ton of Harry K. Thaw has not changed.
and l find that he is now insane and that
e Is b, so m N ha st as arF to m Ta re it vns fbe
voluminous evidence adduced at the hear
dng would unnecessarily lengthen this
Thaw was committed pursuant to sec
tion asa Of the code of criminal procedure,
which reads as follows:
or the ground Of insanity the fact is to
be stated with the verd!ct-commitment
'of defendant to state lunatic asylum.
When the defense Is insanity of the
defendant the jury must be INSTRUCTED If
they acqnit him on that ground to stale
the fact with their verdict. The court
must. thereupon, If the defendant be in
custody and they deem his discharge dan
,gerous to public peace or safety, order
him to be committed to the state lunatic
ayslum until he becomes sane.
The question of the constitutionality Of
this law is assailed by the relator in
that he claims that there was no notice
given Thaw of a hearing given Thaw on