Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-05-14
HEARING BEGUN TODAY
Roth SIDES REPORTED ANX-
1ous TO PROCEED WITH CASE.
Prisoners Mother Still Confident Of
Final Result-Report About Re
arrest If Thaw Is Released.

POUGHKEEPSIE, N Y, May H.-The
opening of the Thaw hearing today after
many delays finds Thaw and his repre-
sentatives ready and apparently anxious
to proceed. while District Attorney Je-
rome's forces seem equally ready to
hasten the issue to definite conclusion.
There was a report outside of court
that IL Thaw is released he will be re-
arrested on the ground that he has made
threats against a woman and a New
York county ohlcial District Attorney
Jerome declined to discuss the report.
The elder Mrs. Thaw has been here for
several days. visiting her son at the coun-
ty jail and having extended talks with
him on his legal and personal plans.
The long litigation has left its traces
upon her, but she still maintains her atti-
tude of confidence as to the final out
come. Thaw's stay In the county Jail has
been much of a relief from the .hardships
of life In the Matteawan Insane Asylum
and the Tombs. and his appearance today
shows marked improvement from the bag
gard and worn look he had at the time
of the trial.
Admission by Card.
Court opened for the hearing on the
habeas corpus writ at IL o'clock. Adnis-
sion to the courtroom was restricted to
persons holding tickets or passes issued
by the sheriff's office.
AS outlined in the Associated Press dis
patches last week. Thaw's counsel contend
that Justice Bowling did not conform to
the legal requirements when he commit
ted Thaw to Matteawan. They claim
therefore that he is being deprived of his
liberty without due process Of law. They
will ask Justice Morschauser to first pass
upon this question before proceeding with
the examination of witnesses to deter
It seemed probable this morning that the
hearing of arguments on the constitu-
tional question would take about all the
time of the hearing today.
When the judge assembled the bench
Mr.. Graham made a formal motion for
no testimony as to his sanity or to show
that 1t would endanger public safety to
have him at large was taken at the time
Of his commitment; that his commit
ment did not comply with the statutory
requirements, and that Thaw had no OPP
portunity to be heard nor to offer evil
dence as to his sanity. Mr.. Graham
argued that Thaw's confinement is UNI
constitutional. This man was entitled to
a presumption Of sanity at the time
his commitment was made, said Mr.
Graham.
Unwilling to Decide Question.
Justice "orschauser said that he was
unwilling to decide the constitutional
question apart from the sanity question
unless the relator would agree to waive
the question Of sanity.
After some discussion between the op-
posing attorneys 1t was arranged to pro-
coed with the trial of both the constitu-
tional and insanity questions. the judge
reserving his decision on the former.
Judge Morschauser announced that the
hours Of court would be to 1870. 2 to
pm. and to 10 pm.
Mr.. Graham offered in evidence the
court order under which Thaw was ex-
amined by a commission during his first
trial and adjudged sane. Mr.. Jerome OBJ
jected to admission of the order without
the minutes of the trial, but was over
ruled.
Five Experts for Each Side.
DR.. Frank H. Mcguire, physician at the
Tombs prison. was called as witness
for Thaw. Mr.. Jerome said that if DR..
Mcclure was being qualified as an ex-
pert the state would admit that he is an
expert.
Mr.. Graham said that the witness was
not to be regarded as an expert. In this
hearing each side is limited to five ex-
pert witnesses.
Court took a recess at 12:15 pm.