Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-02-03
CONFIDENT OF EARLY RELEASE.
COunsels For Both Sides Satisfied haW's
Mother Relieved-=- Thaw Insists on I'M
mediate Action by Habeas Corpus

tail, light-haired young man who had
been responsible for the disturbance. 1t
turned out afterwards that he was
Theodore Roosevelt Pell, a nephew of
President Roosevelt After the dis
missai of the jury he was fined $25.
1t was apparent that Judge Bowling
was prepared for the verdict. He COM
plmented the jury on their faithful
ness throughout the trial and said he
knew Ih;,t they had given the case fair
and conscientious consideration. He
then said
The jury having found a verdict of
not guilty on the ground of insanity at
the time of the shooting. the court feels
it incumbent upon itself to look to the
testimony given during the trial for
the degree Of that unSOundneSS The
only finding in the case was described
by the defendants eNpcrts-anemic
progressive insanity. That testimony
has been based on prior outbreaks on
the part Of this defendant. The nurse
who cared for him in London, the ply
stefan from Monte Carlo. Ir. Wells,
DR.. Brown, testified to these outbreaks.
1T appeared from the evidence that
q recurrence is reasonably certain to
take place at any time
THAT it is impossible to estimate
when an outbreak viii occur is con-
ceGed, but it Will occur. No enc has
testified in this case that the defendant
can be cured.
THAT an aggravated degree OF
manic Oppressive insanity may cause
an assault and {: murder may be COM
mitted. is also agreed upon. In the
Oppressive form Of the disease there is
danger Of the person afflicted COM
mittins suicide.
"'rhe court il satisfied that to allow
the defendant to be at large at this
time would be dangerous to public
safety.
THE court, therefore, orders as fol-
lows:
THE defendant, having been acQuit-
ted on the ground of insanity, and IT,.
court deeming his discharge at this
time to be dangerous. ii is ordered that
| Harry X. Thaw be taken forthwith tC
the Mattcawan State Hospital for the
Insane, and the court orders the sheriff
Of this county to conduct him there
Immediately"
Lawyer Littlcton entered q formal
objection to the court order.
II except from Your Honors order
and ask that the word forthwith be
stricken from it. l would like to have
a reasonable delay i'll order to consult
with my client" said the lawyer
Il Will give YOU Il reasonable time
said Justice Bowling.
ThaW protested with the frenzy of
mad man against being taken TO the
insane asylum, where he must remain
a prisoner unless freed by haVeaS
! corpus proceedings or 4 commission in
| lunacy. For an hour after Justice
Bowling had committed him, his aged
mother, Mrs. Mary Copley Thaw,
| joined with him III insisting that his
! counsel, Martin w. Littleton. Dan
| OReily and \. Russell Peabody, I'M
mcdiately take out n writ of havcaS
corpus in an effort to at least delay
his transfer from the Tombs. where
for 4 year and a half he had been Il
pl lsCncr. to Matteawan.
The three lawyers agreed that Such
q step so soon after the conclusion OF
the :rial, especially in view of the
| fact that the defence had contended
! that Thaw was insane when he killed
White, would be bad policy. They Ii
nally persuaded the elder Mrs Thaw
to regard the matter in the same light.
All of the defendants counsel were
elatod with the verdict and declared
that il was just what they had hoped
for. District Attorney Jerome was al
Continued on Page Two.)