Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-06-27
NEW WRIT FOR THAW
Counsel Seeks Jury Trial to
Pass on Mental Condition.
HEARING ON MONDAY NEXT
Habeas Corpus Returnable Before
Justice Mills.
HIS RECOMMITMENT CHECKED
Slayer Of Stanford White Delighted
Over the Turn in Authorizations
to Take the Stand.
HEARING ON MONDAY NEXT
HIS RECoMM1TMENT CHECKED

POUGHKEEPSIE. N. Y, June 81
Harry Thaw has obtained a new writ of
habeas corpus returnable before Supreme
Court Justice Mills at White Plains at
1920 o'clock Monday morning. when coun-
sci for Thaw will endeavor to secure a
Jury trial to pass upon his mental con-
dition.
The writ was served this morning on
Under Sheriff Townsend in anticipation of
Justice Morschauser's signing an order at
II o'clock this morning recommitting
Thaw to Matteawan. The writ has the
effect Of holding Thaw here until Mon
day, when the sheriff will be required to
produce him before Judge Mills at White
Plains.
The anticipation by Thaw and his coun-
sci that Justice Morschauser would re-
commit the slayer of Stanford White to
Matteawan proved correct. District At
torney Mack presented to the judge this
forenoon the formal order of recommit-
ment to Matteawan. which Justice Nor
schauser promptly signed.
It would have had the effect of return
ing Thaw to Matteawan today, but just
before the order was signed Under Sheriff
Townsend. who has been the custodian OF
ThaW ever since the first habeas corpus
proceedings were begun, was served with
IL
commands the sheriff to produce Thaw In
the supreme court at White Plains Mon
day morning.
Charles Morschauser Of Poughkeepsie
has finally disposed of the case. has been
retained by Thaw to conduct the new pro-
ceedings.
Obtained From Judge Mills.
Tho writ was obtained from Judge Mills
To- two Ut TrAv 1lId0p
was stopping overnight on his way home
from a trip to Massachusetts.
1t will be served today on DR.. Baker
Of the Matteawan State Asylum. DR..
Lamb Of the asylum, who has just re-
turned from Europe. and on District At
torney Jerome Of New York.
Harry Thaw was delighted with the. turn
AFFAIRS have taken. He made the follow
ing statement:
Il cannot bear the thought of returning
to Matteawan on account Of being obliged
to associate there with insane people. l
would rather go to prison. l have
thought all along, especially since 5s; jus us
cision, that If l could get my case to a
jury I would be able t. convince twelve
men of my present sanity and secure
thereby my liberty. am anxious TO
mental condition. feeling confident that a
jury will agree that 1 am not insane"
Recital of Petition.
The petition on which Judge Mills
granted the new writ is made by A
Russell Peabody. as attorney and next
friend Of Thaw. 1t recites that Thaw Is
restrained of his liberty by Sheriff Robert
w. Chanler of Duchess county. and that
he is not detained by virtue of any man.
date issued by court or judge of the
United States. nor by final judgment
or decree of a competent tribunal of civil
or criminal jurisdiction.
The petition attacks the validity of
Thaws commitment to the custody of
the sheriff of Duchess county, as well
as the commitment to Matteawan after
the second trial, when the jury rendered
a verdict of acquittal on account of in
sanity.
The petition holds that Thaw. after his
acquittal, could not be lawfully restrained
of his liberty as an insane person with
out an inquisition in lunacy. in which
he would be entitled to have the issue
Of his sanity determined by a jury.