The Oskaloosa herald., 1908-05-28
THAW MUST STAY
IN THE ASYLUM
RELEASE ON HA5EAs CORPUS
WRIT IS DENIED.
DECLARED STILL INSANE
Justice Morsohsuser Says No inIus-
tlce Has Been Done Whites
sIayer-- No Appeal = "
Is Expected.

Is Expected.
Poughkeepsie,4 N. ", May 26.--
Harry X. Thaw has accepted, apparent
ly with resignation the decree Of SUI
pr,M Justice Morschauser that he is
stiI, insane and that the interests of
the public will be best served by de-
nying him his liberty. Pending the
signing Of the papers Of re-commit-
ment, which probably will not be
done before a week from next Satur-
day, 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 District
Attorney Jerome to consent to the COM
mitmept of the prisoner to one Of the
state hospitals other than Matteawan.
1t Is said that in the event of Mr..
Jerome giving his consent to such
change no appeal will be taken from
Justice Morschauser's decision. Even
If an appeal were taken, 1t would not
be argued before fall.
Both Points Against Thaw. d.,
That Thaw, the slayer of Stanford
White, will not be released from the
lunatic asylum was the decision
reached by Justice Morschauser of the
supreme court In an opinion fled Mon
day in the matter Of Thaw's applica-
tion for release on . 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 Dowling after the last trial
of the case was entirely legal Thaws
lawyers Monday applied to the court
for permission to place Thaw in some
other institution than the Matteawan
asylum, and by stipulation with the
district attorney the prisoner is kept
in Jail here until Justice Morcshauser
renders a decision.
Decision Of the Justice.
Following is the decision: Upon
application duly made a writ of habeas
corpus was allowed by which Harry
K. Thaw was directed to be produced
in court In the petition it is alleged
that Thaw is illegally imprisoned and
restrained Of his liberty by Amos T.
Baker, acting superintendent of Mat
teawan state hospital, state institu-
ton for the insane. 80
"Tbaw's detention is attacked upon
the grounds:
First. That he is now sane.
Second. That the act under the
provisions 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 is now insane and that the
statute providing for the confinement
of said Thaw is constitutional and
valid, and that the court had jurisdic.
ton to make the order Of commit
ment.
Mental Condition Unchanged.
The proof and evidence on the
part OF the respective parties have
been ably presented and the matter
HAS been submitted.
"Thaw, at the time Of his trial for
homicide, as a defense, pleaded insan-
ity 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. am satisfied from the
evidence adduced before me that the
mental condition of Harry X. Thaw
has not changed, and l find that he is
now insane and that it is so manifest
as to make it unsafe for him to be
at large.
No Injustice to Thaw.
II believe no injustice has been
done to Thaw or will be done TO him
by depriving him of his liberty until
such time as he can be discharged by
the method prescribed by law. Bear.
ing in mind that the usual punishment
for the act which led up to the de-
tention of said Thaw is death, or a
long term Of Imprisonment, and that
said Thaw escaped the consequences
of such act solely by reason Of his ex.
listing mental condition, do not deem
it proper 10 allow Thaw his freedom,
suffering as he is from some form OF
inanity with the possible recurrence
OF an attack similar to that which
the jury believed he was suffering
from when he killed Stanford White.
In view Of the existing mental condL
tion of said Thaw, the safety Of the
public is better insured by his re-
naming In custody and under observa.
tion until he has recovered or until
such time as 1t shall be reasonably
certain that there is no danger of a
recurring attack Of the deluslon OF
whatever II may be. The writ is dis
missed. The order remanding the said
Harry X. Thaw can beisettled on no
iice pursuant to stipulation"
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