Iowa state bystander. [volume] (Des Moines, Iowa) 1894-1916, 1908-05-29
ASYLUM FOR T'HAW.
RELEASE ON HAeEAs CORPUS
WRIT is DENIED. st
DECLARED STILL INSANE.
Justice Morschauser Says No inlus'
tics Has Been Done whites
slayer-No Appeal 70
Expected.

Expected.
Poughkeepsie, N. Y. - Harry X.
Thaw has accepted. apparently with
resignation, the decree of Supreme
Justice Morschauser that he -
sim insane and 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 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 Thaw's attorneys to induce District
Attorney Jerome to consent to the COM
mitment Of the prisoner to one OF the
state hospitals other than MatteaWan.
1t is said that in the event OF Mr..
Jerome giving his consent to sucn
change no appeal will be taken from
Justice Morschauser's decision. Even
II an appeal were taken, 1t would not
be argued before fall.
attorneys are decided against him.
The Justice declares that the prisoner
is insane and should not be allowed at
large. and that the commitment to the
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
cornus was allowed by which Harry
X. Thaw was directed to be produced
in court. In the petition 1t is alleged
that Thaw is Illegally imprisoned and
restrained of his liberty by AMOS 1.
Baker, acting superintendent of Mat.
teawan state hospital, state institu.
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 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 had jurisdic-
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.
"Thaw, at the time of his trial for
homicide. as defense, pleaded insan-
Ity and presented proof to show his
insanity at the time Of the killing OF
White, and, by the prCnf offered on his
behalf the jury was convinced that
he was insane and acquitted him upon
| that ground. am satisfied from the
| evidence adduced before me that the
| mental condition of Harry X. Thaw
has not changed, and find that he Is
now insane and that 1t is so manifest
as to make 1t unsafe for him to be
at large.
No Injustice to ThaW.
II believe no injustice has been
done to Thaw or will be done to him
by depriving 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 to the de.
tention Of said Thaw Is death, or q
long term of imprisonment, and that
said Thaw escaped the consequences
| of such act solely by reason Of his ex
listing mental condition, l do not deem
| 1t 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 condi-
ton of said Thaw, the safety Of the
1 public Is better insured by his re-
! maining in custody and under observa-
ton until he has recovered or until
| such. time as it shall be reasonably
| certain that there is no danger Of q
recurring attack of the delusion or
whatever it may be-. The writ is dis
| missed The order remanding the said
/ Harry K. Thaw can be settled on no
tice pursuant to stipulation"
Evelyn Withdraws Suit.
i 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 O'Reilly, person
al attorney for Mrs. Thaw, issued a
statement in which he declared that
Mrs. Thaw had been an unwilling
party to the, proceedings from the
first. 1t was only because Of pressure
on the part OF her husbands relatives
that she had any part In such a pro-
ceeding, said Mr.. O'Reilly, and that
she withdrew the action because she
believes her husbands present posi-
ton demands her loyalty.
1 Fatally Shot by Robbers.
Rochester, N. Y.-Charles Higgins,