Daily Kennebec journal., 1908-05-18

/ ouo ohhSSPolS, L., Nloy i--Alol }
K. Thaw's plea for his release from
Matteawan Insane hospital probably
will be decided by Judge Morschausel
Monday, May 25. The hearing in
labeas corpus proceedings brought by
counsel for Thaw ended last Satur-
day night, after District Attorney
Jerome had made the sensational re-
quest that Thaw, whom he had called
to the stand, permit his alienists to
| examine him and judge of his mental
| condition.
| AT the suggestion of the court Thaw,
| his lawyers and his alienistS went in
| to the judges private room and after a
| conference lasting little over an hour
came back into the court room and
| said that Thaw would submit to a per-
sonal examination, but not by the
alienists who had appeared for Mr..
Jerome. The alieniStS who should
| make this examination, it was stated.
| should be selected from those who had
never appeared in the case. Another
| condition was that the examination
should be restricted to a personal
study of the relator and should not be
founded on testimony of previous
trials.
District Attorney jerome instantly
rejected these terms.
Thaw was on the stand but a short
time before Jerome sprang his surprise
and answered the few questions put
to him generally without much hesita-
tion.
Both sides have agreed to offer no
arguments in the case but each will
present briefs on the constitutional
question raised by Thaws counsel to
the effect that Thaw's commitment to
MatteaWan was unconstitutional.
These briefs will be handed in early
next week.
Thaw will remain in the Duchess
county court house until the decision
is rendered.
DR. Button D. Evans, DR.. Smith, Ely
Jeliffe and Dr. Charles w. Pilgrim.
alienists, testified. DR.. Jeliffe had for
gotten his notes, but they all agreed
that Thaw is sane.
That ended the REALTORS side an(
District Attorney jerome called Thaw
Thaw's counsel objected to his client
beginning his testimony late in tht
day, but Thaw wished to proceed ant
the examination began.
Mr.. Thaw. do you understand the
precise nature of the proceedings you
have initiated?" asked Mr.. Jerome.
Mr.. Graham objected and informed
Mr.. Jerome that the proceedings had
been started by Mr.. Peabody. as at
torney and next friend.
"You understand the nature of the
proceedings, Mr.. Thaw, do yon not
Thaw hesitated, then turning to the
judge said:
Il am not a lawyer
BY the judge-Do you understand
the purpose of the proceedings? 1t Is
an action in habeas corpus-do you
understand what that means?
Thaw turned to Jerome, who said:
DO you understand that they are to
give you certain rights?"
Thaw answered deliberately: 'The
rights of an American citizen"
Don't you understand that they are
to give you the right to come and 60
as you pIease?" asked Jerome.
Thaw repeated: CAS- an American
citizen:" then he added: "It is to de-
termine whether l am sane"
Jerome-You understand that the
determination Of this question rests
with the judge?
Thaw--I do.
Jerome-And you understand that
he has no power to decide it arbi-
trarly, but must be governed by the
weight Of evidence?
Thaw-The evidence taken here?
JerOme-1es.
yr-1. II
Jerome-You have heard Dr. Flint
testify?
Thaw--Tes. sir.
Jerome--Iou know his son?
Thaw--I have known his son, but
not DR.. Flint until l saw him here.
Jerolne-You had heard of DR. Mac
Donald as a specialist expert in men
tai diseases?
Thaw-No.
Jerome-Now, Mr.. Thaw, the court
must take into important considera-
ton the testimony given by doctors,
and since these retained by me have
had TO opportunity to converse with
you and thereby judge of your mental
condition I ask you to submit to an
examination by them. Are you willing
to do SO?
The Court told Thaw not to answer.
Mr.. Graham objected to the ques-
ton as taking an unfair advantage of
the young man.
"rhese doctors have already testi-
fed that Mr. Thaw is an incurable
paranoiac,' said Graham.
"Then let us have DR.. Ferris and DR..
Hirsct,'' said Jerome. "They have
not testified"
Mr.. Graham protested that they
were committed against Thaw.
By the court-The REALTORS rights
will, lie fully protected here, and he
cannot be forced to submit to the ex-
animation for which Mr.. Jerome asks;
bnt 7 suggest that the relator confer
with his counsel Perhaps they may de-
eide that it is wise to grant the re-
quest.