The Topeka state journal., 1908-05-14
Habeas Corpus Hearing at
Poughkeepsie Today.
Admission to the Court Room
Is Restricted.
LOOKS MUCH BETTER.
Relaxation of Imprisonment
Has a Telling Effect.
Justice DOwling's Order At
tackled as Illegal.


opening of the Thaw habeas corpus
hearing today after many delays,
found Thaw and his representatives
ana District Attorney Jerome's forces
equally ready to hasten the issuance
to a conclusion. The elder Mrs. Thaw
has been here for several days, visit
ing her son at the county jail ana
having extended talks with him. She
still maintains confidence as to the
fnal outcome. Thaw's stay in the
quarters of the sheriff in the county
fail. has been much of a relief from
the hardships of life in the Matteawan
insane asylum and the Tombs. and his
appearance today showed marked I'M
provement.
Admission to the court was re-
stricted to persons holding passes IS
sued by the sheriff.
AS outlined in the Associated Press
dispatches last week, Thaw's counsel
contends that Justice Dowling did not
conform to the legal requirements
when he committed Thaw to Mattea-
wan. They claim, therefore, that ne
is being deprived Of his liberty with
out due process of law. They ask
Justice Morschauser to first pass upon
this question before examining wit
nesses to determine Thaw's present
mental condition.
Thaw was brought into court and
took a seat between his attorneys, A.
Russell Peabody and James G.
Graham. Before him were his detec-
tives Roger O'Mara, and William
Moore. All the seats in the court
room were filled, there being about
twenty women among the 4oo specta-
tors.
When the judge had ascended the
bench Mr., Graham made a formal
motion for the discharge of ThaW on
the ground that no testimony as to his
insanity or showing that it would en-.
danger the public to have him at
large was taken at the time of his
Commitment; that his commitment
did not comply with the statutory re-
quirements and that Thaw had no op-
portunity to be heard or to offer evil
dence as to his sanity. Mr.. Graham
argued that Thaw'S conhnement is un-
constitutional.
This man was entitled to a pre-
sumption of sanity at the time this
commitment was made" said Mr..
Graham.
Justice Morschauser said that he
was unwilling to decide the constitu
tional question apart from the sanity
question unless the relator would
agree to waive the question of sanity.
After some discussion by the opposing
attorneys 1t was arranged to proceed
with the trial of both the constitu-
tional and insanity questions, the
Judge reserving his decision on the
former.
Mr.. Graham offered in evidence the
court order under which Thaw was
examined by a commission during his
first trial adjudged sane. Mr.. Jerome
objected to admission of the order
without the minutes of the trial, but
was overruled. DR.. Frank H. Nc
Guire, physician at the Tombs prison,
was called as a witness for Thaw. Mr..
Jerome said that DIR. Mcguire was be-
ing qualified as an expert, the state
would admit that he is an expert. Mr..
Graham said that that witness was not
regarded as an expert. In this hear
ing each side is limited to five expert
witness.
DIR. Mcguire said that he saw Thaw
nearly every day, while he was in the
Tombs and that he seemed perfectly
receptive and perfectly responsible.
In my opinion he was rational" said
DIR. MCGUIRE, land that was my
opinion when he left the Tombs"
Mr.. Jerome on cross examination,
asked DR.. MCGUIRE If Thaw did not
say there was plot to have him
catch pneumonia and that he was
afraid of being shot in his cell. The
doctor said he did not hear Thaw say
that. but had heard Thaw quoted as
having said 1t.
The court ruled that Mr. Graham
had qualified as an expert by the form
of his question asking his opinion as to
Thaw's mental condition. The court