Los Angeles herald., 1908-05-26
THAW TOSTAY IN
INSANE RETREAT
BOTH LAW POINTS DECIDED
AGAINST HIM
SUPREME JUDGE SAYS He STILL
is CRAZY
Slayer of Stanford White Takes News
cheerfuIIy, but VIII Ask for
Commitment to Another
Asylum
By Associated Press.

BY Associated Press.
POUGHKEEPSIE, N. Y. May 25.-
Harry K. Thaw, slayer of stanford
White, will not be released from the
lunatic asylum. This Is the decision
rendered by Justice Morsehauser 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 are
decided against him. The justice de-
clares Thaw is now insane and should
not be allowed at large, and further de-
clared the commitment 10 the luDatic
asylum by Justice Bowling after the
last trial was entirely legal.
Thaw's lawyers will apply to the court
for permission to place Thaw in some
other institution than the Matteawan
asylum, and by stipulation with the
district attorney the prisoner will be
kept in Jail here until Justice Morse
hauser renders a decision.
The Justice is holding court at White
Plains this week and will not be able
to hear the application before next
week Justice Morsehauser's decision
is as follows:
Grounds Of Attack
of habeas corpus was allowed by which
Harry K. ThaW was directed to be pro-
duced in court. In the petition it is
alleged that said Thaw is illegally i'm
prisoned and restrained of his liberty
by Amos T. Baker, acting superinten-
dent of Matteawan state hospital,
state institution for the insane.
"Thaw's detention is attacked upon
the grounds:
"First-That he is now sane.
"Second-That the act under the pro-
visions of which he was committed and
detained is unconstitutional and the
court was without jurisdiction to issue
the order of commitment and such
order was null and void.
1.-THE return to the writ alleges that
the said Thaw Is now insane and that
the statute providing for the confine-
ment of said Thaw is constitutional and
valid and that the court had Gurisdtc-
ton to make the order of commitment.
The return is traversed by the relator.
1.-THE events leading up to the COM
n1itment of Thaw are, in brief as fol-
lows:
Reviews Murder Case
ION June 25. 1906 Thaw shot and
killed one Stanford White. He was in
dicted for this act in the county of New
York and the indictment charged him
with murder in the first degree. On
January o. 1907, he WAS brought TO
trial on this Indictment and during the
progress of this trial, on application of
the district attorney under section 65S
of the code of criminal procedure,
commission was duly appointed to
ascertain whether at the time of the
trial said Thaw was in state of idiocy
or lunacy so as TO be incapable Of
rightly understanding his own condi-
ton, the nature of the charge against
him, and of conducting his defense in
a rational manner. The commission
afterward returned to the court that it
was their opinion that at the time OF
their examination said Thaw was sane
and was capable of understanding his
own condition and the nature of the
charge against him and conducting his
defense In a rational manner. This con-
clusion was reached I'm accordance with
the purpose of the statute.
1.-THE trial proceeded and resulted
in a disagreement of the jury.
ION the 9Th of January 1908. said
ThaW was again tried on the said In
dictment and acquitted on the ground
of insanity.
"Thereupon the learned justice pre-
siding at the trial. upon the evidence
made an order reciting the verdict and
that the court decreed the discharge
of said Thaw at that time TO be dan
gerous to public safety, and directing
that said Thaw he detained in safe
custody, and be sent to the Matteawan
state hospital there to be kept until
discharged by due process of law.
Gave Proof of Insanity
1.-THE proof and evidence on the part
of the respective parties have been
ably presented and the matter has
been submitted
"Thaw, at the time of his trial for
homicide, as defense, pleaded in
~ Cd ne 10 ch0xx
his insanity at the time of the killing
of White. and by the proof offered
on his behalf, the jury was convinced
that he was insane and acquitted him
upon that ground.
IT am satisfied from the evidence
adduced before me that the mental
condition of Harry X ThaW has not
changed, and l find that he is now
insane, and that it is so manifest 8
to make it unsafe for him TO be at
large.
ITO review the voluminous evidence
adduced on the hearing would unnec-
essarily lengthen this opinion.
"Thaw was committed pursuant to
section asa of the Code of Criminal
Procedure, which reads as follows:
'''Sec. 454-When defendant is ac-
quilted on the ground of insanity the
fact TO be stated with the verdict
commitment of defendant to the state
lunatic asylum. When the defense is
insanity of the defendant, the jury
must be instructed, if they acquit him
on that ground to state the fact with
their verdict The court must, there
upon, if the defendant be in custody,
and they deem his discharge danger
GUS to the public safety, order him to
be committed to the state lunatic asy-
lum until he becomes sane.
1.-THE question of the constitutionality
of this law is assailed by the relator,
in that he claims there was no notice
given to Thaw of a hearing upon the
question of insanity, that no hearing
was accorded to him: that he has been
deprived of his liberty without due
process of law and that the statute
under which he was committed does
not provide a method by which his
mental condition as then existing,
could be legally ascertained, or any
method by which his sanity could be
shown.
Process Legal
1.-THE people contend that Thaw was
not deprived of his liberty without due
process of law, because he knew that
If he chose to prove upon the trial
of the indictment that he was insane
when he killed Stanford White, and if
the defense was successful and the
Jury acquitted him of the charge
against him, on that ground, it be-
came the duty of the court, if it deemed
his discharge dangerous to the public
peace or safety, to order him to be
committed to the state lunatic asylum
a..