Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-05-25
.THAW STILL INSANE;
TO STAY IN ASYLUM
Legally Committed and Not
Safe at Large,
OPINION Is HANDED DOWN
Every Point Decided Against Slayer
of Stanford White.
NEW APPLICATION BY COUNSEL
He Is to Stay in Jail Pending Deci-
sion of Request to Place Him in
Some Other Institution.
NEW APPLICATION BY COUNSEL

Harry X. Thaw has lost his
fight for freedom Every point
in his application for release from
the New York asylum for the
criminal insane was today de-
cided against him by Justice
Morschauer OF the New York
supreme court. He has accepted,
apparently with resignation. the
decree of the court that he is still
insane and that the interests OF
the public will be best served hv
DENYING him liberty An etfor.
will be made by his attorneys To
induce District Attorney Jerome
to consent to the commitment Of
the prisoner to one Of the state
hospitals other than Matteawan.
PoUGHKEEPsIE. " Y. May 23.-Har
ry K Thaw. the slayer of Stanford
White. will not be released from the luna
tic asylum.
This is the decision reached by Justice
Morschauser of the supreme court in an
opinion filed early this morning in the
matter of Thaw's application for release
on writ OF habeas corpus.
Both points brought up by Thaw's at
torneys are decided against him The
Justice declares that Thaw is now insane
and should not be allowed at large. He
further declares the commitment to tie
| lunatic asylum by Justice Dowling after
the last trial of the case was entirely
legal
| Thaw's lawyers will today apply to the
court for permission to place Thaw in
| some other institution than the Mattea-
wan Asylum. BY arrangement with the
district attorney. the prisoner will be kept
in the Jail here until Justice Morschauscr
gives decision. The justice is holding
not be able to hear the application be-
fore next week.
Decision of the Court.
Justice Morschausers decision follows:
Upon application duly made. a writ OF
habeas corpus was allowed by which
Harry K. Thaw was directed to be pro-
duced in court. In the petition it is al
legged that said Thaw is illegally impris-
oned and restrained of his liberty by
Amos T. Baker. acting superintendent OF
Matteawan State Hospital. a state in
stitution for the insane.
"Thaw's detention is attacked upon the
grounds: First. that he is now sane: sec
ond. that the act under the provisions OF
which he was committed and detained Is
unconstitutional and the court was With
Jurisdiction order n
mtment and such order was null and
void
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. ana
that the court had jurisdiction 10 make
the order of commitment The return
is traversed by the relator.
Recital of Thaw's History.
THE events leading up to the commit.
ment of Thaw are. in brief. as follows
June p. 1906 Thaw shot and killed one
Stanford White. He was indicted for
this act in the county of New York. AND
the indictment charged him with murder
in the first degree. January ~ 1901. he
was brought to trial on this Indictment
and during the progress of this trial. or
application OF the district attorney. under
section 61S of the code OF criminal pro.
cedure. commission was duly appointed
ascertain
trial said Thaw was in state OF ldlocy.
luna cy or insanity TO he incapa hie OF
rightly understanding his own condition
the nature of the charge against him and
of conducting his defense In a rational
manner.
The commission afterward returned tc
the court that it was their opinion that
at the time of their examination sale
Thaw was sane and was capable of un-
derstanding his own condition and the ma.
ture of the charge against him and con.
Quoting his defense in a rational manner
This conclusion was reached in accord.
ance with the purpose of the statute
Acquitted and Committed.
The trial proceeded and resulted in
disagreement of the jury. On the 9th day
of January 1908. said Thaw was again
tried on said indictment and acquitted or
the ground Of insanity.
"Thereupon the learned justice presid.
ing at the trial. upon the evidence. made
an order recting the verdict and that
the court deemed the discharge of said
Thaw at that time to be dangerous tc
public safety and directing that said
Thaw be detained in safe custody and pt
sent to the Matteawan State Hospital
there to be kept until discharged by due
process of law.
The proof and evidence the part
of the respective parties have been ably
presented and the matter has been sub.
mitted.
.'Thaw, at the time of his trial foI
homicide. defense, pleaded insanity
and presented proof to show Eis insanity
al the time of the killing of White. and
by the proof offered his behalf. the
jury was convinced that he was insane
and acquitted him on that ground.
Thaw Now Insane.
Il am satisfied from the evidence ad
duced before me that the mental condi
ton Of Harry *. Thaw has not changed
/ find he is now insane and il is so mani
fest an TO make it unsafe for him to bs
at large.
ITO review the volum;nous evidence ad
duced on the hearing would unnecessarily
lengthen this opinion.
"Thaw was committed pursuant to sec
ton 4A of the code Of criminal pro-
cedure. which reads as follows:
Section 45i-When defendant is &C
Quilted on the ground of insanity, thu