The semi-weekly messenger., 1908-02-04

only
Thaw was accompanied from the
tombs to the Grand Central station by
his wife and Josiah Thaw, his bro
ther, Attorneys A Russell Peabody and
Daniel O'Reilly went with him TO Mat
tewan- Mr.. Littleton is understood to
have <zaked very plainly to Thaw
while the subject of suing out a writ
OF habeas corpus was under discussion.
Mr. Littleton informed Thaw, il was
stated that there is such a thing as
public sentiment in New York City
But | shall not go to Mattewan," ="
Thaw is reported to have repeated
many times.
You will have to CO." replied Mr.
Littleton.
Daniel O'Reilly Joined in this decis-
ion.
Both the mother and Evelyn Thaw
will visit Mattewan on Monday, all
visitors being barred from the insti-
tuition on Sunday.
Daniel O'Reiiiy announced tonight
that when a writ of habeas corpus is
ssued in Thaw's behalf shall be decid-
ed upon in the future-the application
will probablybe made at Poughkeepsie
the count seat of Duchess county, in
(which Mattewan is located.
Thaw was cheered by a crowd of
several hundred persons as he was
whirled away from the tombs in his
wife's automobile If he heard he
paid no heed.
special ear was attached to the
regular train over the New York Cen
| trail. but there was a fifteen minute
delay in the departure of the train.
Thaw smoked and talked With his
counsel throughout the journey.
From the moment word came from
the jury room at 12:40 p. M, that a
report was about to be made, the clos
ing events of the famous case moved
almost with cyclonic rapidity. For
day and night there had been absolute
silence on the part Of the jury.
Few spectators were allowed in the
room and an incipient demonstration
was stopped by the officers when they
arrested Theodore Roosevelt Pell. for
ia burst of applause. Pell was fined
of court
Thaw was not prepared for the eli
max OF his case and there was an ap-
preciable delay in summoning him to
the bar.
Thaw was commanded to stand and
'called to their feet.
Jurors, look upon the defendant,
defendant, look upon the jurors" call
ed Clerk Penny. Gentlemen of the
jury, have you agreed uDon a ver-
dict?"
'We have" said Foreman Gremmels
What say you, is the defendant
guilty or not guilty?"
mot guilty, on the ground that he
was insane at the time Of the COM
mission of the act charged in the in
dictment
After thanking the jury, Justice
Dowling turned to Thaw and his coun-
sci and Caid:
THE only testimony in the case
upon which verdict of insanity could |
be based was to the effect that the |
defendant is suffering from manic |
Oppressive form Of mental derange-
ment. This testimony and the dag !
nosis Of the form of insanity as tes-
tilted to by witnesses from London, |
Monte Carlo, Paris and Albany. 1t al |
so appears from the testimony, and the |
court was careful to inquire as to this, |
reasonably certain. There has been |
no testimony adduced here to show hat !
person suffering from this form of !
insanity ever can be permanently
erred. 1t appears, however, that Dur !
ing to maniacal form OF the disease
the person suffering therero1n Is like
" to commit dangerous assaults or
murder. There is danger also Of sui
CiGe. Therefore upon all the tesTi-
mOny in this case, the cour3 deems
tIat to allow the defendant to so at
iG' &c would be dangerous 20 lhe pub
is that the defendant shall not. now be
discharged, but being in custody, snail
be so held, and committed with all
despatch to the state hospital for the
criminal insane at Mattewan."
Mrs. Evelyn Thaw and Josiah Thaw
We're the only members Of the prison
er's family in court when the verdict
was announced. The young woman
thanked individually each member OF
the jury and followed Mr.. Lttleton's
example in shaking hands with them.
All of the defendants counsel were
elated with the verdict District At
torney Jerome was almost as we'll
pleased himself He has contended
from the first that Thaw was medical
ly IL not legally insane. Mr.. Jerome