Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-05-05
HAWHEAR|NC WILDE
IN DUCHESS COUNTY.
Prisoner IN Jail Pending Habeas Cor
pus Proceedings --Eve|yn Will Tes-
tify # Needed --Aearing May II.

Pougnkeepsie, N. Y, May 4.-Tem-
porarily at least Harry K. Thaw Is out
of the Matteawan Hospital for the
Criminal Insane. AS a result of to-
days proceedings on the writ of habeas
corpus issued out in an effort to have
him legally declared sane, he will re-
main in the Duchess county Jail until
the final decision on the writ is hand
ed down The formal hearing in the
case will come before the supreme
court here next Monday.
The adjournment was taken upon the
request of a representative of the dis
trict attorney of New York county to
give District Attorney jerome an OPP
portunity to appear in person to OPP
pose Thaw's release from the asylum.
In the meantime ThaW will remain in
the Duchess county Jail here instead
of being returned to Matteawan. Thaw
appeared to be in excellent health TO-
day. having gained fully 20 pounds in
weight since his transfer to the asy-
lum from the TOmbs
Poughkeepsie, N. Y, May 4.-Harry
K. Thaw's fight for liberty which has
been IN progress almost constantly
since he shot down Stanford White on
the Madison Square Roof Garden
theater nearly two years ago was con-
tinued in the supreme court here to-
day Twice tried for the murder the
second time acquitted only to re sent
to the MatteaWan State Hospital 1or
the Criminal Insane, ThaW now VIII
erdeayor to prove his sanity and MS
right to complete freedom. The pro-
ceedings which began today were
based upon writ of habeas corpus
taken out at the instance of the pris-
oner to secure his release from the
asylum. The writ was issued by JUS
tice Morschauser at White Plains on
April %.
A sidelight on Thaw's matrimonial
affairs was contained in statement
given out by A. Russell Peabody, one
Of ThaW's counsel before the opening
of court today.
Young Mrs. Thaw who has begun
suit for the annulment of their mar
rage has not seen her husband in
more than two months. Mr.. Peabody
said. however that Mrs. Thaw has Of
fered herself as a witness in her hus-
Dana 5 DtIldil ISh IS"NiiA'o'AS ~
necessary to obtain his freedom
Thaw himself undoubtedly will go on
the stand in his own behalf, Mr.. Pea
body said. He declared that the prls-
oner is willing to submit to any exam
nation as proof of his sanity.
Mr.. Peabody said he and Mr.. era
ham would oppose any attempt to have
the case transferred to New York
county which it was reported Assistant
District Attorney Garvan would make
at the opening of the hearing.
eve want the case tried in Dutch
ess county," said Peabody. "Thaw's
place of confinement is here. The writ
was made returnable here and we be-
lieve that the crowds of curiosity
seekers which would be attracted IN
New York can be avoided in Pough-
keepsie. We hold that the burden OF
proof rests upon Mr.. Jerome to show
that Thaw is insane. He has never
been declared to be insane. Jerome's
commission in the first trial adiudged
him sane. The jury in the second trial
deemed him insane at the time he
killed Stanford White"
On account of the large court room
being occupied with a regular term of
the Duchess county court. the super
yisors' room in the court house was
improyised for the court. AS it's ca
pacitv is not more than 200, cards of
admission were issued by Sheriff Chan
Ter. A score Of women were among the
spectators.
Harry Thaw reached the court room
at 1916. He was in the custody Of Dr.
Amos r.. Baker, acting superintendent
of the Matteawan asylum and two at
tendants.
Thaw looked rugged and well and