The Bon Homme County independent. [volume] (Tabor, S.D.) 1904-1913, 1908-05-28
SLAYER
IS INSANE; MUST
STAY IN ASYLUM
Justice MorSChauser Files His
Decision Adverse to Harry
K. ThaW.

Poughkeepsie, N. y, May 90
Harry X. Thaw, the slayer of
Stanford White, will not be re-
leased from the lunatic asylum.
This is the decision returned by
Justice Morschauser, of the SUI
preme court, in an opinion filed
early this morning in the matter
of Thaw's application for release
on a writ Of habeas corpus.
Both points brought up By
Thaw's attorneys are decided
against him. The justice declares
that Thaw is now insane and
should not be allowed at large,
and he further declares that the
commitment to the lunatic asylum
by Justice Bowling after the last
trial of the case was entirely legal.
Thaw's lawyers win apply to the
court for permission to place Thaw
in some other institution h the
Matteawan asylum n by stipulation
with the district attorney the prisoner
viii be kept in the jail here unit Jus-
tice Morschauser renders a decision.
The Justice is holding court at White
Plains this week n will not be able
to hear the APPLICATION before next week.
Thaw Is Resigned.
When Thaw was shown a copy of
Judge Morschauser's opinion, he gave
the reporters an interview, talking un-
~reseryedly N everything except his
wife. His chief theme was the news
paper reports of the evidence In his
trial. He did not discuss the action OF
the court. but said Jerome had done
what he deemed his duty.
Pending h signing Of papers Of re-
commitment, which probably will not
be done before a week from next Sat
urday, Thaw will occupy Sheriff Chan
ler's suite In the county building, here.
In the meantime an effort will be made
by Thaw's attorneys to induce Mr..
Jerome to consent to the commitment
of the prisoner to one OF the state hos
pitfalls other than Matteawan. 1t is said
In the ven of Jerome giving his con-
sent to such a change, no appeal will be
taken from the decision. Even If the
appeal were to be taken. 1t could not
be argued before fall.
The Decision.
Justice Morschauser's decision is as
follows:
Upon, application duly made, a writ of
habeas corpus was allowed by which
Harry X. Thaw was directed to be pro
dSced In court; In the petition it is
.prisoned and restrained of his liberty by
Amos T. Baker, acting superintendent OF
the Matteawan state hospital. a state In
stitution for the insane.
Thaw's detention IL attacked upon the
grounds:
First. That he Is now sane.
Second. That the act under the provi-
sions of which he was committed and
detained is unconstitutional and the court
was without Jurisdiction to issue the order
of commitment and such order was null
and void.
The return to the writ alleges that said
Thaw IL 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 tn return Is ira
versed by the relator.
,Thaw at the time of his trial for homi-
eide, al a defense, pleaded insanity and
presented proof to show his insanity 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.
HAS Not Changed.
I am satisfied from the evidence adj
duced before me that the mental condi-
ton of Harry K. Thaw has not changed,
and 1 find that he Is now insane and that
IT Is so manifest az to make II unsafe
for him to be at large. To review the
voluminous evidence adduced at the hear
Ing would unnecessarily lengthen THIS
opinion.
Thaw was committed pursuant to sec
tion asa of the code of criminal procedure,
which reads al follows:
Section 454. When a defendant acquitted
on the ground Of insanity the fact Is to
be stated with the verdict-commitment
of defendant to state lunatic asylum.
When the defense Is insanity OF the
defendant the jury must be instructed II
they acqnit him on that ground to state
the fact with their verdict. The court
must. thereupon, IL the defendant be In
custody and they deem his discharge dan
gerous to public peace or safety. order
him 70 be committed to the state lunatic
ayslum until ne becomes sane. .
! The question OF the constttutlonalty or
this law Is assalled by the relator In
that he claims thai there was no notice
given Thaw OF a hearing given Thaw on