The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-05-25
Court Renders Decision ON APP
plicatiOn for Release.
Holds That Stanford Whites
Slayer Is Still Insane.
A MENACE TO PUBLIC
And Was Legally Sent to the
State Asylum.
Decides Against the Petition on
Every Point.

Livery IOluO.
Poughkeepsie, n. Y, May rs
Harry X. Thaw, the slayer of Stan
ford White will not be released from
the lunatic asylum. This is the de-
cision reached by Justice Morschauser
of the supreme court, in an opinion
filed early this morning in the matter
of Thaw's application for release on
a writ of habeas corpus.
Both points. brought up by Thaw's
attorneys are decided against him.
The justice declares that Thaw is now
insane and should not be allowed at
large and he further declares that
the commitment to the lunatic
asylum by Justice Bowling after the
last trial of the case, was entirely
legal.
Thaw's lawyers will today apply to
the court for permission to place
Thaw in some other institution than
the Matteawan asylum. and by
the prisoner will be kept in the jail
here until Justice Morschauser rem
ders decision. The justice is hold
ing court at White Plains this week
and will not be able to hear the
application before next week.
follows: SSH.
Upon application duly made, writ
of habeas corpus was allowed by
which Harry K. Thaw was directed
to be produced in court. In the
petition. it is alleged that said Thaw
of his liberty by Amos T. Baker, act
ing superintendent of Matteawan
state hospital. state institution for
the insane. Thaw's detention is at
tackled 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 to
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 has jurisdic-
ton to make the order of commit
ment. sra-
The return is traversed by the
relator-
Case Is Reviewed.
The events leading up to the COM
mittment of Thaw, are, in brief, as
follows:
On June rs, 1906, Thaw shot and
killed one Stanford White. He was
indicted for this-act in the county of
New York rand the indictment
charged him with murder in the first
degree. On January %, 1907, he was
brought to trial. on this Indictment
and during the progress of this trial,
on application of the district attorney
under section 658 of the code of
criminal procedure, a commission was
duly appointed to ascertain whether
at the time Of the trial said Thaw was
In state of idioey, lunacy or insanity
so as to be incapable Of rightly I'M
Outstanding his own condition, the
nature of the charge against him and
of conducting his defense in a
afterwards returned to the court that
it was their opinion at the time of
their examination. said Thaw was
sane and was capable of understand
ing his own condition and the nature
of the charge against him and con-
Quoting his defense in rational
manner. This conclusion was reached
in accordance with the purpose of
the statute. The trial proceeded and
resulted in disagreement of the
jury. On the sixth of January, 1908,
said Thaw was again tried on said in
of insanity.
Thereupon, the learned justice presid-
ing at the trial upon the evidence,
made an order reciting the verdict and
that the court deemed the discharge Of
said Thaw at that time to be danger
Gus to public safety, and directing that
said Thaw be detained in safe custody
and be sent to the Matteawan state
hospital, there to be kept until dis
charged by due process of law. The
proof and evidence on the part of the
respective parties have been ably pre-
scented and the matter has been sub
mitted.
Proved Himself Insane
Thaw. at the time OF his trial for
homicide as defense, pleaded insanity
and presented proof to show his in
sanity at the time of the killing of
White and by the proof offered on his
behalf the jury was convinced that he
was insane and acquitted him upon
that ground.
I am satisfied from the evidence adj
duced before me, that the mental con-
dition of Harry K. Thaw has not
changed and / find that he is now in
sane and that 1t is so manifest as to
To review the voluminous testimony
adduced on the hearing would unneces-
sarily lengthen this opinion.
Thaw was committed pursuant to
section 454 Of the code of criminal pro-
cedure which reads as follows:
Section 454-When defendant acquit-
ted on the ground of insanity, the fact
to be stated with the verdict-commit-
ment of defendant to state lunatfc
asylum.
When the defense is insanity of the
defendant the jury must be instructed,
II they acquit him on that ground, to-
state the fact with their verdict. The
court must thereupon II the defendant
be in custody. and they deem his dis