Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-05-25
|SlAY N ASYLUM
IS IHAN' ) FA1E|.||
Court Refuses to Release Whites
Slayer on Ground That He is (
Still Insane
"A MENACE TO THE PUBLIC /
A MENACE TO THE PUBLIC |
Court Holds That Thaw Might Have
Recurrent Attack Of vioIenee-Must
Remain Until Cured or Danger Of
Outbreak is Pas.ed-Thaw Desires !
Change from Matteawan.

Poughkeepsie, May 25. Harry
K. Thaw. 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 fled early this
morning in the matter of Thaw's ap-
plication for release on writ Of
haheas 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. 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 will today apply to
the court for permission to place Thaw:
in some other institution than Mat
teaWan asylum and stipulation with
the district attorney that the prisoner
will be kept in jail here until Nor.
schauser renders a decision. The JUS
tice is holding court at White Plains
this week and will not be able to hear
application before next week.
1haw Now Insane.
The justice, after reciting the events
leading up to Thaw's commitment at
MatteaWan asylum, says:
'I am satisfied from the evidence ad-
duced before me that the mental con-
81 - nIHo
find he is now insane, that 1t Is 20
| manifest as to make it unsafe for him
to be at large. believe no injustice
has been done to Thaw or will be done
Iby depriving him of his liberty until
lssuch time as he can be discharged By
methods prescribed by law.
Bearing in mind that the usual
punishment for an act which led up to
the detention of the said Thaw il
death, or a long term Of imprisonmen
and that said Thaw escaped the con-
sequence of such act solely by rea-
son Of his existing mental condition, I
do not deem it proper to allow Thaw
!, his freedom, suffering as he is from
some form Of insanity with possible
| recurrence Of an attack similar to that
which the jury believed he was synS
fering from when he killed White.
/ In view of the existing mental con-
dition Of said ThaW, the safety Of the
public is better insured by his rem ain-
/ ing in custody and under observation
until he has recovered or until such
| time as it be reasonably certain that
there is no danger of a recurring att
/! tack of delusion or whatever it may
1A 4
/, Thaw Talks to Reporters.
/; When Thaw was shown a copy OF
! Judge Morschauser's opinion he gave
| the reporters an interview and talked
unreservedly on everything except his
wife. His chief theme was the news
paper reports of the evidence on his
trial. He did not discuss the action Of
i the court but said Jerome had done
what he deemed his duty.
]! Pending the signing of papers Of re-
Commitment, which probably will not
I be done before one week from next
i Saturday, Thaw will occupy Sherin
I Chan1er's suite in the county building
here. In the meantime an effort will
be made by Thaw's attorneys to induce
Jerome to consent to the commitment
! Of the prisoner to one Of the state hos
| pitals other than Matteawan. It Is said
that in the event Of Jerome giving his
consent to such change no appeal
will be taken from the decision. Even
if an appeal were taken 1t could not
be argued before fall.