Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-02-01
''THAW WAS INSANE"
IS JURY'S FINDING
Continued from First Page.)

| them for their work and declared he haa
no doubt they had discharged their duties
to the entire satisfaction of their own
| consciences. Then turning to the defend
ant and his counsel Justice bowling said:
Ruling of the Court.
1.-THE only testimony in this case upon
| which a verdict of insanity could be
| based was to the effect that the defend
| ant is suffering from a maniac-depressive
| form of mental arrangement. This testi-
| mony and the diagnosis of the form of
| insanity was based upon prior outbreaks
| of the defendant as testified to by wit
| nesses from. London. Monte Carlo, Paris
| and Albany.
| 1T also appears from the testimony.
| and the court was careful to inquire as
| to this. that occurrences of these attacks
| are reasonably certain. There has been
no testimony adduced here to show that
| a person suffering from this form of in
| sanity ever can be permanently cured.
| 1t appears. however. that during the
maniacal form of the disease the person
suffering therefrom Is likely to commit
| dangerous assaults or murder. There is
| danger also of suicide.
Therefore. upon all the testimony in
this case. the court deems that to allow
| the defendant to go at large would be
dangerous to the public safety. The de-
cision of the court is that the defendant
| shall not now be discharged. but being in
custody shall be so held. and committed
with all dispatch to the state hospital for
| the criminal insane at Matteawan. The
| sheriff of the county is directed to take
| custody of the defendant and deliver him
to the state authorities at Matteawan."
| The law provides that once a defendant
| is found not guity-even with the insanity
| clause attached-he may not again have
| his life placed in Jeopardy. So soon as
| Thaw can convince compassion specially
appointed for his examination or the
| state board of lunacy as may be the case,
| that he is sane and no longer to be re-
| garded menace to the public safety
| he will be given his liberty.
Mother Is Thankful.
It is said District Attorney Jerome
would personally oppose any move for
the liberation OF Thaw. either at the. pres
mt time or at any time in the future.
| Mr. Littleton announced in court that
he desired to except from the courts
ruling. Justice Bowling said he would
allow the attorneys until pm. to consult
as to whether or not they would sue out
writ of habeas corpus to have Thaw's
sanity tested at once by a commission or
to have him confined to a private institu-
ton.
Thaw's family were pleased with the
verdict and declared it was the best they
had hoped for. They are particularly
anxious. however. that Thaw shall be
|
hospital under state direction than the
one for criminal insane.
Mrs. William Thaw received at the up
| town hotel where she has been stopping
the news of her sons acquittal. She was
called to the telephone as the jury filed
| into court and held there until William
Moore of Mr.. Peabody's Office could tell
the tidings to her over the wire
Thaw Was Unmoved.
Than, sbouad NJ otber an,otyon than tho
characteristic smile which so often has
played about his lips. His wife flushed
a deep red as Foreman Gremmels stated
| that a verdict had been reached. She was
confident, however. and when the final an
nouncement came she glanced quickly at
| her husband and smiled enthusiastically
| at him.
| Thaw was recalled from the custody
| of his Tomhs guard when Justice BOWL
| ing granted the delay in executing the
| order of commitment. Mrs. Thaw had
brought his luncheon down to him In her
automobile and it had been spread in
| the Tombs, as usual. The repast was
| sent for and Thaw and his wife ate to-
| gether in an anteroom of the court cham
| Der. where he had twice stood trial for
| his ife-the first jury having disagreed
/ Z to 5 for conviction.
Besides saying informally that she was
| pleased at the verdict. young Mrs IhaW
| maze no Sldlc1Ilcil d. tilC 1odi tiiOAoS.
| Thaw sent word he had nothing to say
! at this time.
| The Jurors interviewed at the court
| house would not divulge the secrets OF
their proceedings, other than to say that
| fourteen ballots were required before
| the unanimous verdict o. not guilty on
the ground of insanity was reached.
Jury Worn Out.
After having argued and balloted all
\
adjoining the chamber of the criminal
branch Of the supreme court. the Thaw
jurors this morning heartily welcomed
their release from confinement, when
| shortly before 8 o'clock they were taken
uptown to breakfast. Several of the jury
| men are well along in years, and the
| all-night session seemed to have gone
| badly with them. Their faces were drawn
| and tense. and the good nature and COM
| in this jury ever since the panel was COM
pleted during the first week of the trial
| was gone.
No report with any degree of authen-
| ITCHY filtered from the jury room this
morning and the opening of court at 1870
Am. was awaited with much anxiety, as
| it was believed the jury might have some
| communication to make at that hour or
! that Justice bowling might send for
them to ask if he could be Of any service.
| Thaw. although late to bed. was up with
| the gray of dawn this morning. and to
| his keepers In the Tombs expressed the
hope that 4 verdict had been reached He
was thoroughly convinced before retiring
| last night that the rumor dividing the
| jury eight to four in favor of acquittal
on the ground of insanity was true. and
he felt today that the minority might be
won over.
An Uneasy Night.
Thaw at last seems absolutely recon
cled to the fact that the best he could
hope for was term of confinement In an
| asylum He is convinced. however. and
SO are his attorneys. that he will be able
| short while. as the tests he stood last
year when arraigned before a commission
in lunacy were quite convincing as to his
present ability to prove his soundness of
| reason.
| Baths. fresh air and breakfast worked
| a marked Improvement in the condition
| returned TO the criminal court room from
their hotel at 10 O'Clock all seemed phys
| ically lit to continue their deliberations
| for some time 10 come.
| Never since the killing of Stanford
White has Thaw spent so restless night
as he did last night and during the early
hours this morning. During the early
hours Thaw smoked a good deal and
seemed TO think that the jury would re-
| turn a verdict before midnight
Wien he harmed that the jury had failed
to agree and had been locked up for the
night he became restless. Although he
tried to sleep he was wakeful. and after
a doze would wake again and ask the
| warden for news OF the jury.