The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1908-05-28
THAW IS INSANE
and IS ORDERED
BACK TO ASYLUM
POUGHKEEPSIE COURT DISMISSES
WRIT OF MANDAMUS SECURED
FOR WHITES SLAYER.
WANTS TO LEAVE MATTEAWAN.
Lawyers Apply Now for Permission to
Keep Petitioner in Some Other
Institution.
RIGHTS HAVE NOT BEEN DENIED

RlGHlS HAVE MOI BEEN DENIED,
POCGHKEEPSIE, y. v, May %
Harry *. 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 Ihaw 5
| application for release on a writ of ha-
/ beaS corpus.
Both points brought up by Thaw's at
torneys are decided against him. The
justice declares that Thaw is now in
/ sane and should not be allowed at large
and he further declares that the com
B mitment to the luuat!c asylum by Justice
I Downing after the last trial Of the case
/ was entirely legal
Justice MorschauSer's decision i'll part
/ is as follows:
| am satisfied from the evidence before
me, that the mental condition of Harry
! Ihaw has not changed and hnd that be
Is now insane and that it is SO manifest as
I to make it unsafe for him to be at large.
The question Of the constitutionaIity Of
! the law is assaicd hy the relator in that
! he claims there was no notice given to
/ Thaw of ii hearing upon the question of
] insanity; that no hearing was accorded to
/ him; that he has been deprived of his lib
/ erty without due process of law, and that
the statute under which he was committed
| does not provide method in which his
mental condition as then existing could be
, legally asccrtaincd, or any method in
which his sanity could be shown.
Given Every Right.
The people contend that Thaw was not
of law. becansa h. know tnat if ne chose
to prove upon the trial OF the Indictment
that he was insane when he killed stan
ford White and If that defense was success
full and the jury acquitted him of the
charge against him on that ground, it be
came the duty of the court, If it deemed
his discharge dangerous TO the public peace
or safety, to order him to be committed to
the state lunatic asylum until such tine
as he should be legally adjudEcd sane. lie
had the right to appear in person ana to
be represented 10y council aud he had the
right to introduce evidence Of his present
sanity
70 ,,,, an ~, ,,.l.,,.,. ,,l ~, ,.,rrict
49, ufo' az '"' '''' 90"
OF the jury, the court SHuulu u'CIuc MS
discharge to be dangerous to the public
peace and safety, aad COMM. the defend
,rt ., ,, insane b,,..ital. mill same uud,r
the provisions OF section i"t Oh the Coue Vi
criminal procedure, am IhaW having had
this opportunity of a fun hearing, this
,i,,,, t lao rr.snut n, rrrson and l,y conn.
''e"t - ~ p''oe"' :" 80,
SCI thiS Ii%uI vi o"'''"- P'oo' !" -I'' CIV
btHaIl as 10 MS present. SANITY anu 10 pc
fully heard in his owu behalf there was
ma yiolotiou of article / section & of the
.,i,,,,i, ~, a., ..., 80 <.,. y,rr nor
constitution % tho s,"'e VI NtN io'N' "o'
OF aFutIe NV q lAt Ch'teu Statts con
-, o...:. -. IT,,
hau oPpo4luh4ty a. A4-ai'
TLow had tnp opportunity in the trial
IA intrndu,, rvjI.prr uf mis- urntal coudl.
ton at that time which he did not do; he
should nave known that the adjudication
of the court would follow verdict OF not
,-uiItv nv reason of insanity: he was rep
ro,,,,tod "a. ,la. counsel ,,bn ,rrnd mo
jury before whom he was tried upon
Charge OF homicide, TO ucCuit him because
of his insanity
,.. ,.,,,'.. .i,ts .,.,,, q. ,h,,,rl ho
o" - 49,,
borne III hiIhu mat the S"i'ty "nu "tlaIe
of the culhmuH''! IS Oh more llnPoll~Hce
thah the freedom OF tue lulINluuHI.
1t Is wen StiL,d tuat WhrLc lhSTe Is
right of an appeal, no court should declare
IN the first instance statute uncOLstIJu-
tionaI un.'s~ It's uncoustitutiouailty Is
pIaln, especially when the ~tHtutc mas been
long IN Ior,e aao its coaSututIouaIty Is
never been questioned. This may well be
the rule when the effect II 4 declaration OF
unCuuStitutuuaaIy would be to free from
uucdful restraint a number OF persons oI
uuyound mind of whom IL has been AT.
judged hy competent courts that their go
iur nj large would be dangerous to the pub
nc peace or safety.
The r"iator c#ms that the statute does
not pr3N'ut Il "'I"ou III WIN" ina" can
bG u!sth"' ~" t,o Insanity law ,ro,i,os
"n%y Inn mol a convict. held Upon am
order of a roau or Judge in a criminal
proceeding, may be discharged therrtrom
upon the SuirtMirndcnt eG,iiuta cat ol r.
loSriE, NM" t'l1, r anu "'h'''s' ~ S''" -
'o0'' -