Watertown weekly leader. [volume] (Watertown, Jefferson County, Wis.) 1906-1908, 1908-05-15
FIGHT IS BEGUN
TO RELEASE THAW
Court Hears Arguments on
the Petition for Habe-
as Corpus.
PRISONER SHOWS IMPROVEMENT
His Stay in Poughkeepsie Has
Been a Relief from Matte
avian Asylum Life.
DIR. Frank III. Mcclure, Physician at
tho Tombs Prison in New York
City, Testifies in Favor OF
the Prisoner.


opening of the Thaw hearing after
many delays found Thaw and his rep
resentatives ready and apparently
anxious to proceed, while District At
torney Jerome's forces seem equally
ready to hasten the issue to a definite
conclusion. The elder Mrs. Thaw has
been here for several days, visiting her
son at the county Jail and having ex-
tended talks with him on his legal and
personal plans.
Thaw's stay in the county jail has
been much Of a relief from the hard
ships of life in the Matteawa insane
asylum and the Tombs, and his ap-
pearance shows marked improvement
from the haggard and worn look he
had at the time of the trial.
Motion to Discharge Thaw.
When the judge had ascended the
bench Mr.. Graham made formal mo-
ton for the discharge Of Thaw on the
ground that no testimony as to his
sanity or to show that it would endan-
ger public safety to have him at large
was taken at the time of his commit
ment; that his commitment did not
comply with the statutory require
ments; and that Thaw had no oppor-
tynity to be heard nor to offer evidence
as to his sanity. Mr. Graham argued
that Thaw's confinement Is unconstitu-
tional.
'oThis man was entitled to pre-
sumption Of sanity at the time this
commitment was made" he said.
Justice Morschauser said that he
was unwilling to decide the constitu-
tional question apart from the sanity
question unless the relator would
agree to waive the question Of sanity.
jerome Is Overrulod.
After some discussion between the
opposing attorneys it was arranged to
proceed with the trial of both the con-
stitutional and insanity questions, the
Judge reserving his decision On the for
mer. Mr. Graham offered in evidence
the court order under which Thaw was
examined by a commission during his
first trial and adjudged sane. Mr.
Jerome objected to admission of the
order without the minutes Of the trial,
but was oEerruled.
DIR. Frank H. Mcclure, physician at
the Tombs prison, was called as wit
ness for Thaw. Mr.. Jerome said that
If DR.. Mcclure was being qualified as
an expert, the state would admit that
he is an expert. Mr.. Graham said that
the witness was not to be regarded as
an expert. In this hearing each side
Is limited to FIVE expert witnesses.
Cali Tombs Doctor.
DR.. Mcclure said that he saw Thaw
nearly every day while he was in the
Tombs and that he seemed perfectly
receptive and perfectly responsible. In
nv opinion he was RATIONAL" said DR..
Mcclure, land that was my opinion
when he left the Tombs." The only
time, DR.. Mcclure said, that he ever
saw any emotional excitability in
Thaw's conduct was in the fall Of
1906, when Thaw complained of q
draught In his cell which made him
fear pneumonia.
"He told me that 1t wouldn't look
well in a certain newspaper that he
had caught cold in the Tombs through
neglect" said DR.. Mcclure. 81 saw
he was irritable and left him.
Did Not Hear Plot Charge.
Mr.. Jerome, on cross-examination,
asked DR.. Mcclure If Thaw did not
sty that there was a plot to have him
catch pneumonia and that he was
afraid OF being shot in his cell. The
doctor said be did not hear Thaw say
that, but had heard Thaw quoted as
having said it.
The court ruled that Mr.. Graham
had qualified DR.. Mcclure as an ex-
pert by the form Of his question ask
ing his opinion as to Thaw's mental
condition.