Middlebury register. (Middlebury, Vt.) 1886-1937, 1908-05-29
court Says Whites Slayer Must
Eemain In Asylum
BEST FOR PUBLIC INTERESTS
Thaw Balks at Returning to Mat
teawan and May Make No Appeal
From Decision IF Allowed to Go to
One of the Other State Hospitals

Supreme Court Justice Morschauser
has decided that Harry X. Thaw is still
insane. He finds that confinement
will best serve the public interests"
Apparently, Thaw has become resigned
to the failure of his plea.
Pending the signing of the papers of
recommitment, which probably will not
be done before Il week from next Sat
urday. Thaw will occupy Sheriff Chan
ler's suite in the county building here.
In the meantime an effort will be made
by Thaw's attorneys to induce District
Attorney jerome to consent to the com
mitment Of the prisoner to one Of the
state hospitals other than Matteawan.
1t is said that in event of jerome
giving his consent to such change no
appeal will be taken from Morschau
ser's decision. Even if an appeal
were taken it could not be argued be-
fore fall, so there appears to be no doubt
that Thaw will continue under strict
restraint during the summer at least
Both points brought up by Thaw's
attorneys are decided against him.
L
insane and should not be allowed AT
large, and he further declares that the
commitment to the lunatic asylum by
Justice Downing after the last trial of
the case was entirely legal.
Thaws lawyers will next apply to
the court for permission to place Thaw
In some other institution than the
To I,t-c I'M n
with the district attorney, the prisoner
will he kept in jail until Morschauser
renders a decision. The justice is
holding court at White Plains this
week and will not he able to hear the
application before next week.
In his finding, Judge Morschauser
says: Il am satisfied from the evil
dence adduced before me that the men
tai condition of Harry X. Thaw has not
changed, and l find he is not sane, and
it is so manifest as to make it unsafe
for him to be at large.
"Thaw had the opportunity in the
trial to introduce evidence Of his mental
condition at that time, which he did not
do
Bearing in mind that the usual pun
ishment for the act which led up to
the detention of said Thaw is death or
u long term of Imprisonment. and that
said Thaw escaped the consequences of
such act solely by reason of his exist
ing mental condition. | do not deem it
proper to allow Thaw his freedom, suf-
fering as he is from some form of in
sanity, with the possible recurrence of
an attack similar to that which the
jury believed he was suffering with
when he killed Stanford White.
I'm view of the existing mental con-
dition of Thaw, the safety of the public
is better insured by his remaining in
custody and under observation until he
has recovered. or until such time as it
shall be reasonably certain that there
is no danger of recurring attack of
the delusion, or whatever it may be-"
Evelyn Thaw Withdraws Suit
Evelyn y. Thaw, through her coun-
sci. has withdrawn the suit which she
instituted for the annulment of her
marriage to Harry X. Thaw. The mo-
ton for withdrawal was sanctioned by
Referee Deyo and the case was de-
clared discontinued, without costs to
either party to the suit.
Mr.. OIteilly was quoted as saying
that there had been no reconciliation
between Harry X. Thaw and his wife
and that Mrs. Evelyn Thaw wanted
none. He added that Mrs. Evelyn
Thaw thought she had right to some
tel
she had made in Thaw's behalf.
O'Reilly said that some step of that kind
might be taken. but he would not indi.