The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-06-28
HABEAS CORPUS
FOR HARRY THAW
Slayer of White Gets New Writ
ReturnabIe Before Su-
preme Justice.
JURY TRIAL is NOW WANTED
PRISONER THINKS HE CAN
PROVE HIS SANITY.
JURY TRIAL is NOW WANTED

Poughkeepsie. n. Y. June 81
Harry Thaw has obtained a new writ
of habeas corpus, returnable before Su-
preme Justice Mills of White Plains, n.
Y. The writ was obtained in anticipa-
ton OF Judge Morschauser's signing an
order at II o'clock this morning recon-
hitting Thaw to Matteawan.
The anticipation by Thaw and his
counsel that Justice Morsehauser
would recommit the slayer of Stanford
White to MatteaWan proved correct.
District Attorney Mack presented to
the judge this forenoon the formal or
der of recOmmitment to Matteawan,
which Justice Morschauser promptly
signed.
1t would have the effect of returning
Thaw TO Matteawan today, but just
before the order was signed Under
Sheriff Townsend, who has been the
custodian of Thaw ever since the first
habeas corpus proceedings were begun.
was served with the new writ of ha-
beaS corpus, which commands the
sheriff TO produce Thaw in the supreme
court at White Plains on Monday
morning.
New Lawyer Engaged.
Charles Morschauser of Poughkeep-
schauser has finally disposed of the
case, has been retained by Thaw to
conduct the new proceedings.
The writ was obtained from Judge
Mills last evening at Troy, where the
judge was stopping over night on his
way home from a trip to Massachu-
sets.
II will be served today on DR.. Baker
of the Mattawean state asylum Dr.
/ ~. -4.v,.
who has just returned from Europe,
and on District Attorney Jerome of
New York.
Harry Thaw was delighted with the
turn of affairs. He made the following
statement:
4 cannot bear the thought of return
ing to Matteawan on account of being
obliged to associate there with insane
people. l would rather go to prison. /
have thought all along, especially since
Justice Morschauser handed down his
decision, that if / could get my case to
a jury l would be able to convince the
twelve men of my present sanity and
secure thereby my liberty. l am anX-
ious to take the stand and be examined
as to my mental condition, feeling con-
fident that jury will agree that l am
not insane"
Prayer in the Writ.
The petition on which Judge Mills
granted the new writ is made by A
Russell Peabody, as attorney and next
friend of Thaw. 1t recites that Thaw
is restrained of his liberty by Sheriff
Robert w. Chanler of Duchess coun-
ty, and that he is not detained by Vir-
tue of any mandate issued by a court
or judge of tue United States, nor by |
a final judgment or decree of a COM |
petent tribunal of civil or criminal ju- |
risdictiOn. The petition attacks the va
lidity of Thaw's commitment to the Gus !
tOdy of the shefiff of Duchess county, |
as we'll as the commitment to Mattea-
wan after the second trial, when the |
jury rendered a verdict of acquittal on |
account of insanity. The petition holds |
that Thaw, after his acquittal, could |
not be lawfully restrained of his lib |
erty as an insane person without an |
inquiry in which he would be entitled |
to have the issue of his sanity deter |
mined by a jury. Nothing had been |
heard here up to noon as to Judge Dow
ling's decision on the application made /
by Colonel Bartlett on behalf of Thaw |
to have him committed to some state /
hospital other than Matteawan.
Judge Bowling reserved his decision /
at the time the application was made. /