Evening journal., 1908-05-25
COURT DENIES
THAW FREEDOM
ScOntInusd From First PsSO

occupied a tembs' cell.
Should Tbaw's attorney be able to az
range TO exchange Matteawan for more
comfortable place Of confinement 4. is
now under steod there will be no appeal.
Pointing out that while there is a right
Of appeal no court should declare in the
first instance a statue unconstitutional
unless its uncoNsututionality is plain. be-
cause the effect Of such action would be
to free many persons whose liberty would
endanger public safety, the court says
II is alleged that Thaw is illegally
restrained Of his liberty and his detention
is attacked upon the ground:
First-That he IS not insane.
Second-That the act under which no
was committed is unconstitutional
am satisfied from the evidence before
me that the mental condition of Harry
Thaw has not changed and fnd that he
is now insane and that It is so manifest
as to make 1t unsafe for him to be at
large.
believe no injustice has been done to
Ihaw or viii be done to him by depriv.
ins him Of liberty until such time as he
can be discharged by the methods pre-.
scribed by law. Bearing in mind that the
usual punishment for the act that led up
to the detention OF Thaw is death. or a
long term Of Imprisonment, or that ThaW
paid the consequences Of such act solely
because Of his existing mental condition
do not deem II proper TO allow Thaw his
freedom. Suffering as he is from some
fern Of insanity. In view Of his mental
condition the safety Of the public is bet.
ter insured by his remaining in custody
ana under observation until he has "a.
ovcered or until such time as ii shall bs
reasonably certain that there is no dan.
sef OF a recurring attack OF the delusiou
or whatever It may be.
Many decisions are cited in support OF
JUSTICE Merschauser's ruling
Thaw Expected Outcome.
nad counted on this outcome"
oalu Inaw, discussing Justice Mors-
onauser decision IN his quarters in
tne Dutchess county court house after
still insane. ''''"
He took his defeat with unoxpest-
ed coolness.
He said: Jerome has lots NJ bo,
air and my side was put al a disads
vantage 1 don't blame tile rcportcrs
however they're expected to print IN
teresting stuff I'd do the same thing
II l We're one and 1 would have talked
oetore, but that 1 feared 1 might hurt
my case.
The hearing brought out several
th.ngs IN my favor which were never
published. DIR. Jacobs testimony fur
me was conclusive. but uninterestine
SO little attention was paid TO il
Jeromes cross-examination OF hin,
made lively reading and as a resulr
got INTO print, giving the impression
lated" 4'''''''i-
ASKED whether he had any complaint
OF MS treatment I'm Matteawan Thew,
replied that the management did eve,y-
thing possible for him up to ten da,y's
before his transfer to Foughkeepsie.
Doesn't Blame Jerome.
For information concerning fut,,ra
developments in mis- case he referred
MS questioners 10 his counsel He de-
clined to criticize Justice Morschauser's
decision. He said he doesn't blame
Jerome as 1t is the latters business
TO win n he can"
But what there was ia his manner
on the witness stand 10 make anv ona
tn'hk MN insane he cannot understand
was COOL he said. and the time 7
hesitated was when stenographers were
changed ~
Concerning his wife's annuiment guit
Ihaw remarked: Colonel barlett oouid
nave Il thrown out of court any tine
Tor several days / don't think there
IS any danger that my wife Will with
draw her case TO have herself a.
pointed committee over me and my
property
Thaw's lawyer ]. G. Graham. called
on the prisoner shortly after the infer-
view but declined 10 discuss hfs con.
versation with the latter. Harrvs
mother. hrs William. Thaw and sister.
Mrs. Carnegie, were also among his
visitors.