Watertown weekly leader. [volume] (Watertown, Jefferson County, Wis.) 1906-1908, 1908-07-03
THAW KEEPS UP
Legal CONTEST
FOR FREEDOM
SLAYER OF STANFORD WHITE
GETS NEW HABEAS CORPUS
WRIT.
DODGES MATTEAWAN AGAIN.
Prisoner Declares That He Is Sane and
Willing to Testify Before
Jury.


pOUGHK EEPSIE, y. Y, June II
Harry X. Thaw has obtained a new writ
of habeas corpus, returnable before Su-
preme Court Justice Mills at White
plains at 1870 o'clock Monday morning.
when counsel for Thaw will endeavor to
secure a jury trial to pass upon his
mental condition.
The writ was served this morning on
Under Sheriff Townsend in anticipation
of Judge Morschauser's signing an order
at IL O'Clock this morning recommitting
Thaw to Matteawan.
The writ has the effect of holding
Thaw here until Monday when the sher-
eff will be required to produce him be-
fore Judge Mills at White Plains.
Thaw Makes Statement.
He made the following statement:
Il cannot bear the thought of return
ing 10 MatteaWan on account of being
Obliged to associate there with insane
people. / would rather 90 to prison. /
have thought all along, especially since
Justice Morschauser handed down his
decision. that if l could get my case to
a jury ] would be able to convince
twelve men Of my present sanity and
secure thereby my liberty. | am anX-
ious to take the stand and be examined
as to my mental condition, feeling conf
dent that q jury will agree that l am
not insane"
The petition on which Judge Mills
granted the new writ is made by \. Rus
sell Peabody as attorney and next friend
of Thaw. 1t recites that Thaw is re.
strained of his liberty by Sheriff Robert
w Chanler of Duchess county, and
that he is not detained by virtue of any
mandate issued by a court or judge OF
the United States nor by 4 final judg-
ment or decree of n competent tribunal
of civil or criminal jurisdiction.
Validity Is Attacked.
The petition attacks the validity of
ThawS commitment to the custody of the
sheriff of Duchess county, as well as
she commitment to MatteaWan after the
second trial, when the jury rendered 4
verdict of acquittal on account OF lnsan-
tty. The petition holds that Thaw. after
his acquittal. could not be lawfully re-
strained of his liberty as an insane per-
son without an inquisitiOn in lunacy, in
(which he would be entitled to have the
Issue of his sanity determined by a jury.
Nothing had been heard here up to noon
of Judge DOwling's decision on the APP
plicatiOn made by Col Bartlett on be
half Of Thaw to have him committed to
some state hospital other than Mattea-
wan.
The anticipation 10y Thaw and his
counsel that Justice MOrschauser would
recommit the slayer of Stanford White
TO Matteawan proved correct. District
Attorney Mack presented to the judge
this forenoon the formal order of recon-
commitment to Matteawan. which JUS
tice Morschauser promptly signed.
1t would have had the effect of re
turning Thaw to Matteawan today. hut
Just before the order was signed Under
,sheriff Townsend, who has been the Gus
todian of Thaw ever since the first
lhabeas corpus proceedings were taken,
was served with the new writ of haheas
corpus, which commands the sheriff to
produce Thaw in the supreme court at
White Plains Monday morning.
Harry Thaw was delighted with the
turn affairs have taken.