Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-06-30
THAW'S CHANGES FOR
JURY TRIAL ARE GOOD.
Justice Mills Believes It Must Come
And Will Hear Further Affidavits
And Arguments on July IS.

| last jury and before his commitment
| to MatteaWan.
1T is not Harry Thaw alone who is
concerned in the proceeding said Col
Bartlett. 1T is whether any man can be
deprived of his liberty without due pro-
cess of law. Harry Thaw has been ac-
quilted of the crime of murder and he
stands before the law as innocent as any
man who hears my voice. And I want to
say that ne is just as sane, in my opin-
ion. as ] am
Col. Bartlett grew more dramatic as he
continued. We ask for a trial by jury
unless your honor shall on the points we
have raised be satisfied of the Justice of
our position and discharge this young
man from custody. In behalf of Henry
Thaw in behalf of his relatives, mother.
sister, brother-al his relatives-I max,
this appeal to your honor's sense of hui
mainly and Justice
Col. Bartlett made no mention of the
| prisoners wife. Evelyn Nesbit rhaw, in
his appeal for Thaw's liberation.
| Col. Bartlett then read several authori-
ties. including the citation from the old
English law that "a man cannot be de-
privrd of his liberty without n trial bv a
Jury of his peers whether it be Il crimi-
nal or insane act that is alleged" Thaw's
counsel submitted that the whole trend
of jndgemade law is in favor of trial Of
this question by a jury
Judge Mills asked if there We're proper
facilities at the hospital for guarding the
prisoner and preventing his escape The
question brought all the counsel to their
feet Assistant District Attorpay
objected to Thaw's return to the Pongh-
keepsie Jail as Sheriff Chanler is due
home from Europe Sunday and wants his
room. Bartlett asked that Thaw be de-
tanned either in the Westminster Jail. the
Poughkeepsie Jail or the Hudson River
State hospital while the proceedings are
pending. District Attorney Winsiow said
that in the Westminster Jail Thaw would
have to occupy n cell like any ordinary
prisoner.
District Attorney Jerome made a long
argument against Thaw going anywhere
but to Matteawan. which he described as
the one proper place provided BY the
Legislature for the treatment Of such
prisoners. He declared that from any Of
the other state hospitals Il man with $1,000
| could escape as easily as he (Jerome)
could buy a ticket to New York for so
cents. He characterized the proceedings
as nonsense and cried:
II most earnestly object to the hippo
droming of this man around the country
from one county to another. Such pro-
ceednSs bring justice into disrcpute. Poth
Justice Bowling and Justice Morschauser
have committed Thaw to Matteawan and
it is the one proper place in which he
can be securely confined and receivo
proper medical treatment. I regard him
as dangerous paranoi&c who seeks an
opportunity to escape out of the ,uristlic-
ton of this state to which he cannot be
| returned under requisition"
| Col. Bartlett responded warmly to Mr.
| jerome. who, he said, was conducting tho
| prosecution of Thaw beyond the verdict
Of the jury. beyond the limits of his duty.
"Whv," said Col. Bartlett. Il was told
at Matteawan that / could have but 10
minutes in which to talk to Thaw. and l
was virtually fired on the Goth minute
We will give a bona of 100000 that no
| will not try to escape from any insttu-
ton If he was a poor man he would
have been discharged long ago. Because
he Is reputed to have money he is re-
| SdIued WIN SUSPICION III rs gong BACK
to the horrors and tortures of the dark
ages in favor of cruel OPPRESSION
| Judge Mills ended the many sided argu-
mcnt by announcing:
II believe it should he only 4 matter
of time when this man ought to have a
| jury trial I am not prepared to say
| whether it should he now or later. will
grant an adjournment to receive aftldavits
| and argument and will detain the prison
er in the meantime
| New arguments and aftidavits will be
submitted to Judge Mills on Monday. July
-. IN support Of the application for jury
trial and by Mr.. Jerome in opposition
| APPLICATION DENIED.
Judge Bowling Refuses Thaw's Peti-