The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1908-02-02
ment of the act charged in the indict.

ment of the act charged IN INC i"oio'-
ments."
caused a commotion in the court room
and spread the rumor out side that
great demonstration was in progress
behind the big oaken doors
After the arrest of the man. who
afterwards gave his name as Theodore
Roosevelt Pell. the amateur tennis
player, Justice Bowling immediatey
began his ruling as to holding ThaW
in custody. First, addressing Lns
Jurors, he thanked them for their work
and declared he had no doubt that they
had discharged their duties to the
satisfaction of their own conscience.
Then turning to the defendant and MS
counsel, Justice Bowling said The
only testimony in this case upon WHIST
verdict Of insanity could be base
Was to the effect that the defendant
is suffering from a manic-depressive
form of mental arrangement TINS
Testimony and, the diagnosis on tne'
form of insanity was based upon prior
outbreaks of the defendants as tesIi-
fled to- by witnesses from LONDON,
Paris and Albany. 1t also appears
careful to inquiry as to this, that re-
currences of these attacks are reason
ably certain There has been no testi-
mony adduced here to show tnat
person suffering from any form OF In
sanity ever can be permanently cured
It appears however, that during the
manial form of the disease. the person
suffering therefrom Is likely 70 COM
NIT dangerous assault or muroer'
There is danger also of suicide. There-
fore upon all the testimony In this
case. the court deems that to allow the
defendant to go at large would be do
ing injustice to public safety.
The decision of the court Is that the
defendant shall not be discharged, but
being in custody. shall be SO heio aho
committed with all dispatch to the
State hospital for the criminal insane
at Mattewan The sheriff Is directed
to take custody of the defendant ana
deliver him to the state authorities at
Mattewan."
The law provides that once a defen-
dant is found not guilty, even with tne
insanity clause attached, ne may not
again have his life placed in jeopardy.
So soon as Thaw can convince com
mission appointed for his examination,
or the State Board of Lunacy, as may
be the case. that he is sane, and no
longer to be regarded as menace TO
the public safety, he will be given ms
liberty. 1t is said District Attorney
Jerome would personally oppose any
move for the liberation OF ThaWs
either at the present time or at other
times in the future. Mr.. Littleton an
nounced in court that he desired to
| except from the courts ruling. JUS
| tice Bowling said he would allow the
attorneys until 3 p. m. to consult as to
whether or not they would sue writ
of habeas corpus to have Thaw's IN
sanity tested at once by a commission
to have him confined to a private asy-
| lum.
Mother Hears News.
Mrs William Thaw received at the
| uptown hotel, where she has been stop
ping. the news of her sons acquittal.
She was called to the phone as the
| jury filed into the court and there
| until William Moore, of Mr.. Peabody s
could tell the tiding to her over the
wire.
| Thaw showed no other emotion than
! the characteristic smile which so often
| has played about his lips. His wife
| flushed a deep red as foreman Grim
| mels stated that a verdict had been
reached. She was confident however
! and when the final announcement was
made she glanced up quickly at her
husband and smiled Thaw was re-
| called from the custody of his tombs
| guard when Justice Bowling granted
| the delay in executing the order OF
| commitment.
Besides saying informally that she
was pIcaSeu Win the NerulSt' wi D
! Thaw made no statement at tne court
! house Thaw sent word he had moth
| ing to say at this time. At 3 o'clock
| counsel for Thaw announced that they
| would make no move for commission
at this time or for a transfer to an
! asylum
After he had returned to his cell and
! had a conference with his wife. his
brother Josiah Thaw and James Jen-
! ltins. the District Attorney of STAN
| ford, Conn. Thaw said he personally
was well satisfied with the verdict and
that he was willing to go TO the Matte
wan If necessary. He felt that he was
! justified in shooting White and be
| lieved the jury sized up the situa
! ton" and for that reason returned
a verdict of not guilty. He added he
was confident of escaping Mattewan.