The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-05-26

Amos T. Baker, acting superintendent
of MatteaWan state hospital, a state
institution for the insane.
''Thaw's detention is attacked upon
the grounds:
Il. That he is now sane,
-. That the act under the provis-
ions of which he was committed and
detained is unconstitutional and the
court was without jurisdiction TO issue
the order of commitment and such or
der was null and vol.
The return TO the writ alleges that
said Thaw is now insane and that the
statute providing for the confinement
Of said Thaw is constitutional and val
id and that the court had jurisdiction
TO make the order of commitment. The
return is traversed by the relator.
History of the Case.
The events leading up to the COM
mitment of Thaw are, in brief, as fol-
lows:
ION June 26, 1906. Thaw shot and
killed one Stanford White. He was in
dicted for this act in the county of
New York and the indictment charged
him with murder in the first degree
On Jan. 3. 1907, he was brought 10 trial
on this indictment and during the prog
ress of this trial, on application of the
district attorney under section COS of
the code of criminal procedure, COM
mission was duly appointed TO ascer-
tain whether at the time of the trial
said ThaW was in a state of idiOcy.
lunacy or insanity so as to be incapa-
bic of rightly understanding his OWN
condition, the nature of the charge
against him and of conducting his own
defense in a rational manner. The
commission afterwards returned TO the
court that il was their opinion that at
the time of their examination said
ThaW was sane and was capable Of
understanding his own condition and
the nature of the charge against him
and conducting his defense in a ration
al manner. This conclusion was
reached i'm accordance with the purpose
of the statute. The trial proceeded and
resulted in a disagreement of tn"
jury on the sixth of January, 1905
said Thaw was again tried on said in
dictment and acquitted on the ground
of insanity.
Committed TO Asylum.
"Thereupon, the learned justice pre-
siding at the trial upon the evidence
made an order reciting the verdict and
that the court deemed the discharge of
said Thaw at that time TO be danger
GUS TO public safety and directing that
said Thaw be detained in safe custody
and be sent TO the Matteawan state
hospital, there to be kept until dis
charged by due process of law.
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 pleaded
a1 70 Oh
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 acquitted him upon
that ground.
Thaw Now Insane.
Il am satisfied from the evidence ad-
duced before me that the mental cOndi-
ton of Harry X. Thaw has not
changed and I find that he is now in
sane and that il is so manifest as TO
make it unsafe for him TO be at large.
TO review the voluminOus evidence
adduced ON the hearing would unnec-
essarily lengthen this opinion.
"Thaw was committed pursuant to
section 4J4 of the code of criminal pro-
cedure. which reads as follows:
section 454 When defendant is ac-
quilted on the ground of insanity, the
fact 10 be stated with the verdict
commitment of defendant to state lu-
matte asylum.
when the defense Is insanity of the
defendant the jury must be instructed.
if they acquit him on that ground. TO
state the fact with their verdict. The
court must, theTeupOn, if the defend
ant be in custody, and they deem his
discharge dangerous to the public peace
or safety, order" him 10 be committed
TO the state lunatic asylum until he
becomes sane.
Review Of Contentious.
The question of the constitutional
ity of this law is assailed by the re-
latOr in that he claims there was no
notice given TO Thaw of a hearing up
OH the question of insanity, that no
hearing was accorded TO him: that he
has been deprived of his liberty with
out due process of law. and that the
statute under which he was commit
ted does not provide a method by
which his mental condition, as then ex-
listing, could be legally ascertained, or
any method by which his sanity could
be shown.
The people contend that Thaw was
: