Middlebury register. (Middlebury, Vt.) 1886-1937, 1908-07-03
THE SANITY OF THAW
Judge Thinks II Should Be
Passed Upon by a Jury
AN APPEAL BY BARTLETT

In Naming ! hose VINO seek HIS
misunderstanding Proceeds In
Spite of Opposition of Jerome
Harry Thaw's chances for jury trial
as to his sanity appear to be bright.
At the conclusion of argument before
Justice Mills at White Plains, n.
Y, the justice ordered that Thaw
should be detained in the Poughkeepsic
Jail. and adjourned the case to July IL,
when new arguments and afhdavits
will be submitted. Thaw was taken
back to Poughkeepsie.
When the case came up, MIR. Bartlett,
counsel for Thaw, began an address to
the court on the legal points involved
in the habeas corpus over the objection
of District Attorney Jerome, who an
nounced his intention of asking for Il
ten DAYS adjournment to give him time
to prepare return to the writ, but as
Bartlett was about to sail for Europe.
the court decided that he should be
heard at this time.
Mr.. Bartlett attacked the constitu-
tionality of Thaw's commitment to
Matteawan and argued that there
should have been an inquiry into
Thaw's sanity after the verdict of the
last Jury and before his commitment to
Matteawan.
ut isn't Harry Thaw alone who Is
concerned in the proceeding said
Bartlett. at is whether any man Ike
be deprived of his liberty without due
process of law. Harry Thaw has been
acquitted of the crime of murder and
be stands before the law as Innocent as
any man who hears my voice. And |
want to say that he is just as sane, In
my opinion. as | am"
Mr.. Bartlett grew more dramatic as
| he continued: 1--WE ask for trial by
Jury unless your honor shall on the
| points we have raised be satisfied of
! the justice of our position and dis
| charge this young man from custody.
| In behalf of Harry Thaw. in behalf of
his relatives, mother, sister, brother
all his relatives and friends-I make
| this appear to your honor's sense OF
humanity and justice" Bartlett made
no mention of the prisoners wife, Eve
lyn Thaw, in his appeal for Thaw's
| liberation.
| Mr.. Jerome made a long argument
| against Thaw going anywhere but to
Matteawan, which he described as the
one proper place provided by the legis-
lature for the treatment Of such pris-
oners.
81 most earnestly object to the hip
podroming of this man around the
country from one county to another.
Such proceedings bring justice into dis
repute. Justice Bowling and Justice
| Morschauser have both committed
Thaw to Matteawan and it is the one
proper place in which he can be secure
ly confined and receive proper medical
treatment. | regard him as Il danger
Gus paranoiac, who seeks an opportu-
nifty to escape out Of the Jurisdiction Of
this state to which he cannot be re-
turned under requisition."
Bartlett responded warmly to Je-
rome, who, he said, was conducting the
prosecution of Thaw beyond the verdict
Of the jury, beyond the limits of his
duty.
why" said Bartlett, 81 was told at
| Matteawan that | could have but nine
teen minutes in which to talk with
Thaw, and | was virtually fired on the
twentieth minute. We will give bond
of 100000 that he will not try TO es-
cape from any institution. If he was a
poor man he would have been dis
II, 10 L.,
puted to have money he is regarded
with suspicion. 1t is going back to the
horrors and tortures of the dark ages
in favor of cruel oppression"
Judge Mills ended the many-sided
argument by announcing: 81 believe
1t should be only II matter of time when
this man ought to have jury trial. |
am not prepared to say whether IL
should be now or later. will grant an
adjournment to receive aiiidavits and
arguments and will detain the prisoner
in the meantime"
Dangerously Insane Person
Justice Bowling of the supreme court
who presided at the second trial OF
Thaw, on Monday denied Thaw's appli
cation to be removed from the asylum
for the criminal insane ut Matteawan tC
some other institution, on the grount
that Thaw was a dangerously insane
person, not to be punished, but to be
kept under restraint, that he might MOI
injure himself or any one else.
Baby Prince Christened
The christening of the infant son OF
| KIM AlfnnSn unInr fhn IL n no If In In, L,