New-York tribune., 1908-07-14
THAW GAINS A VICTORY
To Spend Summer an Comforta6te
Quarters at Poughkeepsie jail.

Harry X Thaw gained another point in his fight
TO get of the madhouse yesterday wheh Jus
tice Isaac n. Mills. at White Plains, ad1ourneo
the final hearing on his application for jury
trial until September q, and at the request OF MS
attorney Charles Morschauser, remanded the pris-
oner TO the Poughkeepsie jail until that date' II "
said that both sides agreed on the aoJournhieh'
rather than spend the month of August fighting
out the question whether the slayer Vi o'an
ford White is sane insane before jury VII"
the mercury stewing at 30.
When the called yesterday morning MI
Morschauser presented a stipulation agreeing "
the adjournment signed by A Russeh feaoou,
Thaw's attorney of record There was no oate
mentioned in the stipulation so Justice Mills said
that if it was agreeable to all parties he woula III
low hearing to over untl the thiiu 4hoA
day in September, at which time he VIII heai ''e
argument on the briefs and decide whether or not
to give Thaw a jury trial. This will be after JUS
tice Mills and District Attorney jerome have re-
turned from their vacations
This point being settled Mr.. Morschauser then
asked that Thaw be remanded TO the PoushheepSe
Jail. instead of Matteawan. He SAID that ne l,au ,,
accepted the stipulation postponng the hearing WIN
the understanding that there would be no chdnso
in the location of the prisoner.
Mr. Jerome was not present at the hearing ana
his office was represented by A. H. Mayper' WIZ
told Justice Mills he did not understand that any
such agreement had been made IL tneFe was
such an agreement he said, he was certain that II
would have appeared in the stipulation. MI May
per said that the District Attorneys office "ouid
neither object consent to the place OF cohiihe
men
Mr. Morschauser insisted there had been an
understanding that Thaw was remain at Poush-
keepsie. He called on Thaw to verify II, ana '''e
prisoner addressing the court for the nrst time
since the beginning of these proceedings, SAID:
Mr. Peabody telephoned me that Mr. Jerome
had said to him that during the postponement ne
was willing that 1 should remain in Poughkeepsie.
Justice Mills at first hesitated to take the re-
sponsbility of sending Thaw to the Poughkeepsie
tail for so long a term, but when 1t became ap-
parent that there had been some sort OF a gelte-
mems agreement between the prosecution ana ne-
fence he granted Mr.. Morschausers request.
Thaw was very much pleased at the outcome as
he did not like the idea Of giving up his comfort
able quarters at the Dutchess County Jail. He
showed his elation by posing for a number OF
newspaper photographers after the hearing had
adjourned.
Several affidavits from physicians tending 10
show that confinement in Matteawan would be
harmful TO Thaw were presented.
After dinner at the Carlyon Arms Hotel ina"
and his custodian started for PoughkeepsIe on a
train due there 4:30 p He Will be placed
as heretofore, in the juvenile department Of the
county JAIL which has no ether prisoner While
waiting for dinner Thaw played croquet with
Roger O'Mara of Pittsburg, and Deputy Sherlll
McCabe of Poushkeepsie His wife did not go 10
White Plains yesterday though Thaw had asked
that seats courtroom be reserved for her ana
a party of friends