Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-05-25
APPARENTLY HE is RESIGNED
Until Recommitment Papers Are
Signed He win Remain in
Sheriff's Custody.
rfrort to he Made TO Have Him Con-
fined in Another asylum Than
INSTRUMENTATION Dangerous.

d Poughkecpsie, n. Y, May 25.-Harry
Thaw has accepted apparently with
resignation the decision of Supreme
court Justice Morschauser that he Is
still insane and that the interests Of
the public will he best served by de-
ryinc him liberty Pending the signing
Il Of the papers OF commitment which
probably will not he done before week
from next Saturday, Thaw will occupy
Sheriff Chambers suit in the county
building here. In the meantime, an eff
fort win be made by Thaw's attorneys
TO induce Dist. Atty. Jerome to con-
sent to the commitment of the prisoner
10 one of the state hospitals other than
Natteawan. 1t is said that in event
Of Mr. Jerome giving his consent to
such a change no appeal will be taken
from Justice Morschauser's decision
Even if an appeal were taken it could
rot be argued before fall
THE DECISION
Upon application duly made. a writ
Il Of habeas corpus was allowed by which
II ~
h duced I'm court. In the petition it is
alleged that said Thaw is illegally inn
prisoned and restrained of his liberty
n BY AmosyT. Baker, acting superinten-
dent of Matteawan State hospital, a
state institution for the insane
Thaws detention is attacked upon the
grounds.
First-That he is now sane.
SeCond-That the act under the pro-
1T 4. H.. IL
detained Is unconstitutional and the
court was without Jurisdiction to issue
the order Of commitment and such or
der was nun 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 and valid
and that the court had jurisdiction to
make the order of commitment The
return Is traversed by the relator.
THAW's COMMITMENT.
Tho events leading up to the COM
mitment of Thaw, are, in brief, as
follows:
on June %, 1906, Thaw shot and
killed one Stanford White. He was
indicted for this act in the county of
New York and the indictment charg-
ing him with murder In the first
degree. on Jan. 90, 1907, he was
brought to trial on this indictment
and during the progress of this trial,
on application of the district attorney
under section 65S of the code of Grim
nal procedure. commission was duly
appointed to ascertain whether at the
time of the trial said Thaw was i'm a
state of idiocy, lunacy or insanity so
as to be incapable of rightly under
standing his own condition, the nature
Of The charge against him, and of
conducting his defense in a rational
manner. The commission afterwards
returned to the court that it was their
opinion that at the time of their eX-
animation. said Thaw was sane and
was capable of understanding his
own condition and the nature of the
charge against him and conducting
his defense in rational manner. This
conclusion was reached in accordance
with the purpose of the statute The
trial proceeded and resulted in a dis
agreement of the jury on the 6th
Of January, 1908, said Thaw was
egain tried on said Indictment and ac-
quilted on the ground of insanity.
Thereupon, the learned justice pre-
siding at the trial, upon the evidence
madc an order reciting the verdict
and that tho court deemed the dis
charge of said Thaw at that time to
be- dangerous to public safety and di-
reetiug that said Thaw be detained
IN safe custody and be sent to tho
Mattcawan state hospital, there to be
Kept until discharged by due process
Of law
The proof and evidence on the part
Of the respective parties have been
ably presented and the matter has been
submitted
DEFENSE AT TRIAL.
Thaw, at the time OF his trial for
homicide as a defense, pleaded in
sanity ana presented proof to show his
insanity ~ the time OF the killing Of
White and, by the proof offered ON MS
nehalt. the jury was convinced that he
vas insane and acquitted him upon
that ground
ann satisfied from the evidence adj
duced before me, that the mental con
A ditlou Of Harry *, Thaw has not
Schanged aud | find that he is now in
Hsano and that IL rs so manifest as To
Nm@lia II unsafe for him TO be at large,
20 review the volumlnous evidence
Fadduccd on the hearing would unneces-
Allly lcngthen this opinion
IhaW was committed pursuant 10
Pgtlon i64 OF the code of criminal pro-
codure, which reads as follows:
Section i54 When defendant acquit-
Ted ou the ground of insanity, the fact
70 br stated with the Verdict--com-
mimcut Of defendant TO state lunatic
asyum.
Whom the defense Is insanity Of the
leiendaut the jury must be instructed
u they ncQult him ON that ground, to
state the fact with their verdict. The
court must, thereupon, II the defendant
lF ln custody, and they deem his dis
ohar8e dangerous 10 the public peace
N safety, order him "a be committed TO
'no state lunatio asylum untll he be-
comes sane.
Inc question of the constluntionality
~ mis- law ia assailed by the relator
W lhat he claims there was no notice
sll'n 10 Thaw of a hearing upon the
question Of insanity that no hearing
sHh accorded To him that he has heen
oeprivcd NJ his liberty without due pro-
wes oi law, and that the statute under
T.l'h he was committed does not pro-
1tu,,e "a method by which his mental con-
S,'pl aS hen existing, could be legally
h,erlamed, or any method by which
sanity could be shown.
PEOPLES CONTENTION.
Inc people contend that Thaw was
n, uepriyed of his liberty without due
h',shs ~ law, because he knew that II
~ NNpse 10 prove uDOn the trial of the