Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-05-15
FIGHT BEGINS TO
GAIN THAW'S LIBERTY,
Expert Opinions as to His Mental Con.
dition---HiS Counsel Rests With
out Thaw Taking the Stand.

custom during the 10 days he has been
confined here, occupying the private
room of Sheriff Chanler, who is in Eu-
rope After a cold bath he ate break
fast, which was sent from the hotel
scanned the morning papers, read his
mail and walked in the corridor of the
Jail for exercise. Having read of the
fire at BarrytoWn, which made sever
al families homeless, he sent for an
official and expressed a wish to con-
tribute to the relief of the people. He
was informed that there was no suf-
fering and that the wealthy people
living near Barrytown would make
abundant provision for the fire vic
tins.
Thaw has been much cheered by the
visit of his mother. His first visitor
this morning was his attorney, A. Rus
sell Peabody, to whom he expressed
confidence that he would be able to
convince the court of his sanity. He
appeared somewhat disturbed, how
ever, by editorials which have appear
ed in some newspapers, of &, tone I'M
favorable to his discharge.
Before the proceedings began Dis
trict Attorney Jerome and his assist
ants, Mr. Caravan and Mr.. Johnston,
had a conference with District Attor-
ney Mack of Duchess county. At
lie ThaW was conducted to the court
room. He sat between his attorneys,
A. Russell Peabody and James G. Gra-
ham. Back of him were his detectives,
Roger O'Mara and William Moore.
Tho 400 seats in the court room were
filled About 20 women We're present.
The judge entered court at Ills.
Mr.. Graham made formal motion
for the discharge of ThaW on the
ground that no testimony as to his
sanity, or to show that he would en-
danger public safety if at large, was
taken at the time of his commitment;
that his commitment did not comply
with the statutory requirements and
that Thaw had no opportunity to be
heard nor to offer evidence as to his
sanity. Mr.. Graham argued that
Thaw's confinement is unconstitu-
tional.
This man was entitled to a pre-
sumption of sanity at the time this
commitment was made said Mr.
Graham.
Justice Morschauser said that he
was unwilling to decide the conStitu-
tional question apart from the sanity
question unless the relator would
agree to waive the question of sanity.
District Attorney jerome said that
if Mr.. Graham mad real confidence in
his position he would consent to rest
his case on it, thereby saving much
time and great expense and make it
possible to have the question argued
before the appellate division in June
1t was arranged to proceed with the
trial of both the constitutional and in
sanity questions, the judge reserving
decision on the former. 1t was agreed
to devote the rest of the week to the
trial. Judge Morschauser announced
that the hours of court would be 8 to
1890, > to s T. NJ. and to 10 p. NJ.
Mr.. Granam offered in evidence the
court order under which ThaW was
examined by u commission during his
first trial and adjudged sane Mr..
jerome objected to admission of the
order without the minutes of the trial.
He was overruled. The findings of the
commission were admitted in evil
dcnce
The FIRST witness called by Mr.. Ora
ham was DR. Frank Fl Mcclure, ply
stefan of the Tombs prison in New
York. The witness said he was exam
iner in lunacy.
DIR. Mcclure said that he saw Thaw
nearly every day while he was in the
Tombs and he seemed perfectly re-
Continued on Page Ten.)