The citizen. [volume] (Berea, Ky.) 1899-1958, 1908-06-04
ASYLUM FOR THAW
RELEASE ON HABEAs CORPUS
WRIT is DENIED.
DECLARED STILL INSANE
Justice Morsehauser Says No lnius.
tiee Has Been Done Whites
Slayer-No Appeal Is
Expected.

Expected.
| Poughkeepsie, y. Y. Harry X.
Thaw has accepted. apparently with
resignation. the decree Of Supreme
Justice Morschauser that be Is
stin insane ana that the interests OF
the public will be best served by de-
nying him his liberty. Pending the
signing of the papers OF re-commit-
ment. which probably will not be
done before n week from next Satur
day, Thaw will occupy Sheriff Chan
ler's suite In the county building here.
In the meantime an effort will be made
by Thaws attorneys to induce District
Attorney Jerome to consent TO the com
mitment of the prisoner TO one OF the
state hospitals other than Matteawan.
II IS said that in the event OF Mr..
! Jerome giving his consent TO such
a change no appeal will be taken from
Justice Morschausers decision. Even
" an appeal were taken. II would not
be argued before fall.
attorneys are decided against him.
The justice declares that the prisoner
/
large. and that the commitment to TIE
asylum by Justice Bowling after the
second trial OF the murder case was'
legal.
Decision Of the Justice.
Following is the decision: Upon
application duly made a writ Of habeas
corpus was allowed by which Harry
/ III faN to ha al
in court. In the petition II Is alleged
that Thaw is illegally imprisoned and
restrained OF his liberty by Amos r.
Baker. acting superintendent Of Mat
teawan state hospital. 4 state iBstitu-
ton for the insane.
"Thaw's detention is attacked upon
the grounds:
First. That he is now sane
Second. That the act under the
provisions OF which he was committed
and detained is unconstitutional and
the court was without Jurisdiction 20
issue the order OF commitment. and
such order was null and void.
"The return TO the writ alleges that
said Thaw is now insane and that the
statute providing for the confinement
OF said Thaw is constitutional and
valid. and that the court had jurlsdic-
ton TO make the order OF commit
ment.
The proof and evidence on the
part OF the respective parties have
been ably presented and the matter
has been submitted.
z IL fuH To-
homicide. as a defense pleaded 'nsan-
ity and presented proof TO show his
insanity at the time OF the killing Of
White. and. by the pref offered on his
behalf. the jury was convinced that
ne was insane and acquitted him upon
hat ground. ! am SATISFIED from the
evidence adduced before me that the
mental condition OF Harry X. Thaw
las not changed, and find that he is
now insane and that Il is so manifest
as TO make II unsafe for him to be
at large.
No injustice to Thaw.
Il believe no injustice has been
done 10 Thaw or will be done 10 him
by depriying him OF his liberty until
such time as he can be discharged by
the method prescribed by law. Bear.
Ing in mind that the usual punishment
for the act which led up 90 the de-
tention OF said Thaw is death. or a
long term OF Imprisonment and that
said Thaw escaped the consequences
OF such net solely by reason OF his eX.
listing mental condition. ! do not deem
IL proper TO allow Thaw his freedom.
suffering as he is from some form OF
inanity with the possible recurrence
OF an attack similar TO that which
the jury believed he was suffering
from when he killed Stanford White
In view OF the existing mental conii-
ton OF said Thaw. the safety Of the
public Is better insured by his re
naming in custody and under observa-
| ton until he has recovered or until
such time as Il shall be reasonably
certain that there Is no danger Of a
recurring attack OF tho delusion or
whatever Il may be. The writ is dis
missed The order demanding the said
Harry X. Thaw can be settled on no
tlce pursuan. TO stipulation"
Evelyn Withdrsws Suit.
New York.-Evelyn Nesbit Thaw.
through her counsel. Tuesday with
drew the suit she instituted some time
ago for the annulment Of her marriage
TO Harry X. Thaw.
Immediately following the dismissal
OF the action Daniel OReilly. person
al attorney for Mrs. Thaw. issued a
statement in which be declared that
Mrs. Thaw had been an unwilling
party 20 the proceedings from the
first. II was only because OF pressure
on the part of her husbands relatives
that she had any part In such a pro-
ceeding, said MIR. O'Reilly. and that
she withdrew the action because she
believes her husbands present posi-
ton demands her loyalty.