New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1908-12-02
THAW APPEAL HEARD
Judge Asks If Question of Sanity
VII Be Raised.

Philadelphia, Dec. lis it the purpose Of these
bankruptcy proceedings to raise the question OF
Thaw's insanity IN the United States court? asked
Judge Burlington. who with Judges Dallas and
Gray. began to-day to hear argument IN the appeal
to bring Harry K Thaw from the Matteawan Asy-
lur to Ptttsburg testify in the bankruptcy pro
ceedIngs Ex-Governor Stone Of F1ttsburs' at
whom the question was directed, replied sthat ne
in court IN the interest of writ or haDeas
corpus TO bring Thaw to Pttsburg, where his as
sstance Is needed properly TO marshal his estate
and that he did not know what Thaws creditors
might do.
This question and answer proved to be the most
interesting incident IN the first days proceedings in
the Thaw case in the United States Circuit Court
Of Appeals which will review the decision Of Judge
Young, of the United States Court for tbs Western
District Of Pennsylvania, who dismissed a writ OF
habeas corpus issued by Judge Archibald. Of the
United States Court for the Middle District Of
Pennsylvania Asa Bird Gardiner counsel tor the
State Of New York nodded apDrovingly as Judge
Burlington put the question, this point Is one OF
the principal by Mr. Gardiner in his con-
tention that Thaw should not be taken out Of the
Jurisdiction Of New York.
The case called late this afternoon and NJ.
Stone had hardly begun his argument when court
adjourned until tomorrow. Mr.. Stone contended
that Judge Young had erred IN disTnissing the writ
which had been issued by court of equal rank
while Judge Young in Europe. The fact that
Judge Archibald issued the writ showed the neces-
sity Of Thaw's presence in Pittsburg to be exam
med by creditors said counsel while Judge Youngs
dismissal Of the writ would indicate that his pies
ence was not necessary. That, said Mr.. Stone was
the question to be decided
Mr. Stone frequently interrupted by the Court
asking questions. Judge Burlington wanted TO
know what Thaw could testify to II he attended
a meeting of creditors IN Pttsburg, and Mr. Stone
replied there was multitude Of questions he could
answer. He said he could tell Of contracts he had
made with his brothers and sisters growing out Of
their fathers will. of contracts and agreements
made with alienists and many other matters He
said there may possibly be fraudulent claims
among those presented by his creditors and bills
that might properly be disputed
For instance" added Mr.. Stone "a lawyer
named Gleason has been given $4,000 by Thaw
and wants 1900 more, and all he did to hold
down a chair OF Thaw's trials"
Judge Burlington also wanted to know If It was
the purpose to return Thaw to New York after he
had testified in bankruptcy proceedings. and coun-
sci replied that 1t was. Mr.. Stone said that IL
the other side tried to show that it not the
were including Judge Archibald in the conspiracy.
Judge Dallas wanted to know II 7 haw could
give all the information he desires in deposition,
as suggested by Judge Young in his opinion dis
missing the writ Mr. Stone said this would not do
as Roger O'Mara, of Pittsburg. trustee of Thaw's
estate in bankruptcy, whom Mr.. Stone represents,
wanted Thaw in Pttsburg for many things. I'VE
are up against it. We cannot get along without
him." he said.
Mr.. Stone will end his argument tomorrow, and
will be followed by Mr.. Gardiner. The latter. be-
sides representing the State Of New York, is ap-
nearing for DR.. r. r. Lamb superintendent OF
Matteawan. against whom the writ issued. Mr..
Gardiner in his argument will contend that the
granting or quashing Of q writ Of habeas corpus ad
testfcandum is the exercise OF discretionary
judicial authority, and not subject OF appeal or
writ error, except for actual abuse Of discretion
that Thaw, having been adjudged insane and dan
gerous to the public safety by competent judicial
authority. and in actual custody as insane per
when he filed his petition in bankruptcy. all
proceedings taken hereunder are null and void
and Of legal effect that person adjudged in
sane cannot, until judcialiy found be lucid.
make an involuntary petition in bankruptcy. and
that the habeas corpus was properly Q4ashsd.