New-York tribune., 1908-05-26
DECIDES AGAINST THAW
JUSTICE FILES OPINION.
Prisoner Seems Resigned-Efort to
Transfer Him Planned.

Poue hkeepsie. y. L. May 25--Harry a IhaW,
the slayer of Stanford White. will not be released
from the lunatic asylum according the decision
of Justice Morschauser, of the Supreme Court
filed early this morning. In the matter OF ThaTs
application for release on a writ OF haoeas cor
pus
Both points brought up bv Thaws attorneys are
decided against him The justice declares tnat
Thav Is now insane and should not be allowed at
large and he further declares that the commit
ment to the lunatic asylum by Justice Downing
after the second trial Of the entirely legal
Thaw accepted apparently with resignation. the
decree of Justice Morschauser that he was still
insane and that the interests of the public would
be best served by denying liberty 10 him Pending
the signing of the papers Of recommitrnent- ~hicn
will probably take place until June s, Thaw
will OCCUPY Sheriff Chanler's rooms in the county
building here
In the mean time an effort will be made by
Thaw's attorneys to induce District Attorney Je-
rome to consent to the commitment OF the pris-
oner 10 one of the hospitals other than Mat
teawan. for which formal application to the court
will be made to-day. 1t is said that in event OF
Mr.. Jerome giving his consent to such change
appeal will be taken from Justice Morschaus-
er's decision. Even II an appeal were taken IL
could not be argued before fall. so there appears
TO be no doubt whatever that Thaw will continue
under strict restraint during the summer at least
Justice Morschauser's decision is, in part, as
follows:
Thaws detention is attacked upon the grounds:
Ftrst-That he is
Second-That the act under the provisions OF
which ne was committed and detained is une0n- I5tn
ton to issue the order of commitment and sucn
Thaw at the time of his trial for homicide: as
defence pleaded insanity and presented proof 70
White, and BY the proof offered in his behalf sId
the jury was convinced that he was insane ana
acquitted him upon that ground
am satisfied from the evidence adduced before
has not changed, and find that he is now In.
sane. and that it is so manifest as to make II
Thaw committed pursuant to Section 454
of the Code of Criminal Procedure. which reads
When defendant is aeqgtted on nth the G sround Ia,of Of
lum'
When the defence is insanity OF the defendant
the jury must be instructed, If. they acquit him
on that ground to state the fact with their YER
be in custody. and they deem his discharge dan
to be committed to the state lunatic asylum until
he becomes sane
is assailed by the relator in that he claims there
was notice given to Thaw of hearing upon
corded to him; that he has been deprived Of his
Statute der which he Ws OF comd does not
provide method by which his mental condition as
method by Which his sanity could be shown
duce evidence Of his mental condion at that time
which he did not do; he should have known that
represented By able counsel who urged the jury
eide acqnit him because Of his insanity.
tiles and do rot find that this statute has ever
been passed upon & BY any Of the d courts in 'hS f
many years without question and it is the duty OF
statute until its violation OF the constitution is
established beyond all reasonable doubt
mind that the safety and welfare Of the con1mu-
nifty are of more importance than is the freedom
there is right of an appeal no court should de-
riOr1al unless It's unCOnStttut1OnaIty is plain, eS-
pecially when the statute has been long in force
and its constitutionality has never been .ques-
toned This may well be the rule when the eff
feet OF declaration of unconstitutionality would
persons of unsound mind of whom 1t has been ad-
judged by competent courts that their going at
large would be dangerous TO the public peace or
the act which led up to the detention of said
Thaw is death or d long of Imprisonment
such act solely by reason of his existing mental
condition, do not deem it proper to allow Thaw
his freedom suffering he is from some form
of insanity with the possible recurrence Of an at
suffering from when he killed Stanford
White.
In view of the existing mental condition of
said Thaw. the safety of the public is better in
sured by his remaining in custody and under OBJ
time as it shall be reasonably certain that there
IS danger of recurring attack of the delusion
whatever II may be.
The writ is dismissed.
After James G. Graham. his attorney. had shown
him copy of Judge Morschauser's opinion Thaw
since he entered MatteaWan, on February / His
chief theme the newspaper reports of the evi-
dence. While not accusing the reporters of wilful
misrepresentation. he said that much testimony
favora bIe him published. probably be
IT did appear to the reporters inter
esting, while undue prominence was given to Dis
trct Attorney Jerome's cross-examination OF
Thaw's experts, because Mr.. Jerome knew how
make it interesting.
Asked about report that Evelyn Thaw would
withdraw her annuIment suit order to try to
have herself appointed committee of her husbands
property, Thaw said he had fear OF any such
action. Thaw cheerful for man Who had
just heard bad news.
Thaw sent for the reporters second time to-
night and gave several typewriter pages in
which he sought 10 make clear his point that Dis
trict Attorney Jerome's examinations fooled the
newspa pers giving attention 10 points
adverse TO him than to those favorable his
Thaw says that the last evening of court he was
called 10 the stand just when the stenogra piers
hour was up and time before the new stenog
rapher entered the room; meanwhile two fash
lights were exploded within twelve feet Of him.
which he SAYS was probably what appeared
make him
His position in the witness chair. Thaw says.
was one of discomfort. He adds:
There are points in my answers that Mr..
Jerome understood but others might
"Ftrst-When Mr. Jerome asked if 1 understood
the evidence which would guide the judge, | OBJ
jected TO evidence presented my last trial being
used as though sworn to before Judge Morschauser-
'Second-Mr Jeromes aliensts had testified pro-
fessionaIy, therefore did consider that their
private or society reputation had much to do with
the case"
Thaw asked have denial made that he had
discussed with his mother Mrs William ThaW.
and his sister. Mrs. George L. Carnegie, who Wis
tied him to-day and Saturday. his wfe's affairs
talked with them about her annulnnent suit the
rumor that she would apply for appointment