Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-05-26

Court Justice Morschauser that he is
still insane and that the interests OF
the public will be best served by de-
nying him liberty. Before the signing
Of the papers of recommitment, which
probably will not be done before a
week from next Saturday, Thaw will
occupy Sheriff Chambers suite in the
county Jail here In the meantime an
effort will be made by Thaw's attorneys
to induce District Attorney Jerome to
consent to the commitment of the
prisoner to one of the state hospitals
other than Matteawan.
1t is said that in event of Mr.. Jerome
giving his consent to such a. change
no appeal will be taken from Justice
Morschausers decision. Even If an
appeal We're taken it could not be
argued before fall, so there appears to
be no doubt that Thaw will continue
under strict restraint during the sum-
mer at least.
X Thaw, the slayer of Stanford White.
will not be released from the lunatic
asylum.
This is the decision reached by
Justice Morschauser Of the supreme
court in an opinion filed early this
morning in the matter Of Thaw's APP
plication for release on writ of
habeas corpus.
Both points brought up by Thaw's
attorneys are decided against him.
The justice declares that Thaw is now
insane and should not be allowed at
large and he further declares that the
commitment to the lunatic asylum by
Justice Bowling after the last trial OF
the case was entirely legal.
Thaw's lawyers, it was stated, in
tended to apply today to the court for
permission to place Thaw in some
other institution than the Matteawan
asylum, and, by stipulation with the
district attorney the prisoner will be
kept in Jail here until Justice
Morschauser renders decision. The
justice is holding court at White Plains
this week and will not be able to hear
the application before next week.
Justice Morschauser's decision is as
follows:
Upon application duly made, a writ
of habeas corpus was allowed by which
Harry X. Thaw was directed to be pro-
duced in court. In the petition 1t Is
alleged that said Thaw is Illegally i'm
prisoned and restrained of his liberty
by Amos T. Baker, acting superintend-
ent of Matteawan State hospital,
state institution, for the insane. Thaw's
detention is attacked upon the
grounds:
First, that he is now sane
Second, that the act under the provi-
sions of which he was committed and
detained is unconstitutional and the
court was without jurisdiction to issue
the order of commitment and such
order was null and void
The return to the writ alleges that
said Thaw is now insane and that the
statute providing for the confinement
of said Thaw is constitutional ana
valid and that the court had Jurisdlc-
lion to make the order of commitment.
The return is traversed by the relator.
The events leading up to the commit
ment of Thaw are in brief, as follows:
On June Is, 1906, Thaw shot and
killed one Stanford White. He was in
dicted for this act in the county of
New York and the indictment charged
him with murder in the first degree.
On Jan %, 1907 he was brought to trial
on this Indictment and during the prog
ress of this trial. on application or
the district attorney under Section 6as,
of the code of criminal procedure, a
commission was duly appointed to as
certain whether at the time of the trial
said Thaw was in a state of idiocy,
To, 1Ns, I'M no -
BILE of rightly understanding his own
condition, the nature Of the charge
against him aud of conducting his de-
fence in a rational manner.
The commission afterwards returned
ia the court that it was their opinion
that at the time of their examination
said Thaw was sane and capable OF
understanding his own condition ana
the nature of the charge against him
and conducting his defence ir a ra-
tioual manner. This conclusion was
reached in accordance with the pur-
nose of the statute. The trial pro-
ceeded and resulted in disagreement
Of the Jury. On the sixth day of Jan
uary, 1908, said Thaw was again tried
on the same Indictment, and acquitted
on the ground of insanity.
Thereupon the learned justice pre-
siding at the trial. upon the evidence.
made an order reciting the verdict and
that the court deemed the discharge
of said Thaw at that time to be dan
gerous to public safety. and directing
that said Thaw be detained In safe
custody and be sent to the Matteawan
state hospital. there to be kept until
discharged by due process of law.
The Iroof and evidence on the part
of the respective parties have been
ably presented, and the matter has
been submitted.
Thaw, at the time of his trial for
homicide, as a defence, pleaded in
sanity, and presented proof to show
his insanity at the time of the killing