Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1908-05-26
EFFORTS TO SECURE RELEASE
OF STANFORD WHITES sLAY-
Err FROM ASYLUM ON HAREAa
CORPUS WRIT A FAILURE
DEFENSE DOWNED ON
TWO POINTS RAISED
JUSTICE HOLDS SOCIETY WOULD
NOT BE SAFE WITH PRISONER
AT LARGE CHANGE OF AsY.
LUM ASKED BY THAW

Poughkeepsie, N. Y, May 25.-
Harry K. Thaw, the slayer of STAN
ford White, will not be released from
the lunatic asylum. This Is the de-
cision reached by Justice Morschauser
of the supreme court in an opinion
filed early this morning in the matter
of Thaw's application for release on
writ of habeas corpus. Both points
brought up by Thaw's attorneys ara
decided against him.
The justice declares that Thaw 10
now insane and should not be allow
ed at large He further declares the
commitment to the lunatic asylum by
Justice Dowling after the last trial
Of the case was entirely legal
Lawyers Ask Another Asylum.
Thaw's lawyers will today apply to
the court for permission to place
Thaw in some other institution than
Matteawan asylum and by stipula.
tion with the district attorney, the
prisoner will be kept in Jail here un.
til Morschauser renders a decision
The justice Is holding court at Whits
Plains this week and will not be able
to hear the application before next
week.
Justice Cites His Reasons.
The justice, after reciting the
events leading up to Thaw's commit.
ment to Matteawan asylum says.
II am satisfied from the evidence
adduced before me that the mental
| condition of ThaW has not changed.
find he Is now insane and that 1t Is
SO manifest as to make it unsafe for
him to be at large
believe no injustice has been
done to Thaw or will be done by de-
priving him of his liberty until such
time as he can be discharged by the
method prescribed by law.
/ Says Thaw Got off Easy.
Bearing in mind that the usual
punishment for the act which led up
to the detention of the said Thaw is
death or a long term of Imprisonment
and that the said Thaw escaped the
consequences Of such act solely by
reason of his existing mental condi-
tion, do not deem it proper to allow
Thaw his freedom, suffering as he is
from some form of insanity with a
j possible recurrence of an attack sim
| liar to that which the jury believed ha
was suffering from when ne killed
4 White.
SIN view of the existing mental con-
dition Of the said Thaw, the safety
of the public is better insured by his
remaining in custody and under OBJ
lservation until he has recovered or
until such time as 1t shall be reason
ably certain that there is no danger
Of recurring attack Of the delusion
or whatever It may be.
"The writ Is dismissed"
II ThaW Talks to Reportera
4 When Thaw was shown copy Of
Judge Morschauser's opinion he gavo
the reporters an interview and talked
unreservedly on everything except
his wife. His chief theme was the
newspaper reports Of the evidence of
his trial. He did not discuss the ac-
ton of the court and said Jerome had
done what he deemed his duty.
Pending the signing Of the papers
of recommitment, which probably will
not be done before week from next
Saturday, Thaw will occupy Sheriff
Chanler's suite in the county building
here. In the meantime efforts will be
made by Thaw's attorneys to induce
Jerome to consent to the commitment
of the prisoner to one of the state
hospitals other than Matteawan. It
Is said In the event of Jerome giving
his consent to such change, no ap-
J peal will be taken from the decision.
Even If an appeal were taken 1t could
J not be argued before fall.