The star and Newark advertiser. [volume] (Newark, N.J.) 1908-1909, 1908-05-25
THAW INSANE AND
MENACE TOPUBL|G
COURTS DECISION

o. - d. f +H
"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 that
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
said Thaw is now insane, and that. the
statute providing for the confinement
of said Thaw is constitutional and valid
and that the court had jurisdiction to
make the order of commitment. The
return is traversed by the relator.
ION January 20, 1907. Thaw was
brought to trial. and during the prog
ress of this trial, on application of the
district attorney, under section 65S of
the code of criminal procedure, a COM
mission was duly appointed to ascertain
whether at the time of the trial said
Thaw was in a state of idiocy, lunacy
or insanity so as to be incapable of
rightly understanding his condi-
ton, the nature of the charges against
him and of conducting his defense in a
rational name
THE commission afterward returned
to the. court that 1t was their opinion
that, at the time of their examination,
said Thaw was san and capable OF IN
derstanding his wi condition and the
nature of the charge against him and
| conducting his defense in q rational
manner. This conclusion was reached
in. accordance with the purpose of the
statute. The trial proceeded and re-
suited in a disagreement of the jury.
ION the sixth day Of January. 1908,
said Thaw was again tried on sa4d tn
dictment. and acquitted on the ground
of insanity. Thereupon the learned
Justice presiding at the trial, upon thu
evidence, made an order reciting the
verdict and the cour deemed the dis
charge of said Thaw at that time toshe
dangerous to public safety, and direct
ing that said Thaw be detained In safe
custody and be sent to the Matteawan
State Hospital, there to be kept until
discharged by due process of law. The
proof and evidence on the part of the
respective parties have been ably pre-
sented and the matter has been sub
mitted.
"Thaw. at the time of his trial for
homicide, as a defense, pleaded insan-
ity and presented proof to show his In
sanity 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.
az am satisfied from the evidence adj
duced before me that the mental condi-
tion Of Harry X. Thaw has not changed.
and / nnd that he is now insane. and
tina 1t is SO manifest ss to make It un-
safe for min to be at large"
Thaw was visited in his Quarters In
the Poughkeepsie Court House yester-
day by his mother. They were together
for two hours, during which they at
tended the service held in the Jail for
the prisoners. Mrs. Thaw is DESTROYS
of having her son transferred to one
of the other State hospitals for the in
sane.
h proceedings brought by EVELYN
Thaw to secure an annulment of her
marriage to Thaw on the ground that
he was insane at the time of the oera-
mony viii come up before Referee Devo
IN New York tomorrow. There Is
possibility that the proceedings may be
: abandoned. 20