New-York tribune., 1908-06-13
MORSCHAUSER ON THAW
Justice Says Perhaps He You'd Be
Better AzCau from MattedUan.

When Colonel Franklin Bartlett. Of counsel for
Harry K Thaw, had closed impassioned plea
for Thaw's transfer from Matteawan 10 some
homeopathic hospital for the insane. Justice Nor
schauser, who had been listening TO arguments by
opposing counsel yesterday afternoon. said:
THE thing have at heart in this whole matter
and the thing that. feel sure, ali have most
at heart. is the welfare Of this unfortunate young
man. There is reason to doubt whether the pa
tient-for Thaw having been acquitted the
ground OF insanity. not criminal in eyes OF
the law-would ever recover at Matteawan. The
head the State Of Lunacy testified against
Thaw. and the knowledge of that fact might easily
operate against his recovery. Also. without doubt.
there is a strained relationship between the patient
and the doctor at Matteawan that in the nature
of things will probably grow pronounced in
stead OF better
The hearing held IN the Bar Association
building Mr. Jerome accompanied 70 the
room by Assistant District Attorney Garvan. A
few minutes later District Attorney Mack Of
Dutchess County arrived and took a seat by the
side of Mr. Jerome.
Your honor has correctly said that Thaw is
patient. not a convict and vet ii is difficult to
realize that such is the position he occupies when
here almost the whole prosecuting Sforce
of the county arrayed against us said Colonel
Bartlett. II wish to say that known 10
have d competency, or. worse still, suspected Of
possessing wealth. labors under a tremendous
handicap in a like this. To-day Harry K.
IndW sIdHdS DeIOre Ine WOlid dS al dtfuAttVu
man
Because OF insanity interrupted Justice Nor
schauser.
But he was acquitted.
Yes replied the Court He stands acquitted.
but We must look to the protection of the public
and see that he is restrained until proved TO be
harmless"
II merely desire to show to your honor why the
original commitment invalid. illegal said
Colonel Bartlett We claim that this was true, IN
that the jury on the second trial did not make any
report finding to the effect that II deemed Thaw
q dangerous to be at liberty
Justice Morschauser replied that he did not think
II would be courteous for him to pass upon Justice
Dowling's action in committing Thaw. and in
structed Colonel Bartlett to make application TO
Justice Dowling for change of the original order
'If he should refuse consider the matter IL
may again be brought before me will hold over
the signing OF the order until you have applied 10
him." added the justice. The mere fact that he
would rather stay in Poughkeepsie Jail than go TO
Matteawan tends to prove that he might recover
more speedily elsewhere"
District Attorney Jerome said that II Thaw We're
removed from Matteawan perhaps the State
Inlnacv Commission could send him back there.
They wouldn't If were the Justice that made
the ORDER said Justice Morschauser. THE Su-
pren1e Court is greater than the Lunacy Conrnis-
sion"
Once when Mr. Jerome interrupted Colonel Bart
lett. Justice Morschauser said: Suppose. Mr.
Jerome we permit Colonel Bartlett TO finish This
is the first time he has appeared in the case, and
l have been listening to you for month
Mr. Jerome returned the smile that accompanied
the remark and Colonel Bartlett said: Il wish to
state that is great pleasure for me 70 near the
distinguished District Attorney talk. I think him
the ablest and best man that has ever held that
office in this county. ] have never had an oppor-
tunty before TO this assertion In public or 20
tell him how much I admire him and respect his
integrity and ability
Mr. the close OF the hearing fnaC
he would have objection to the transfer OF
Thaw If he were convinced it would be impossible
him to escape.
The hearing then adjourned until Thursday