The Birmingham age-herald., 1908-06-30
THAW HAS CHANCE
 FOR JURY TRIAL Justice Mills Speaks Favorably
 Of the Case JEROME IS STILL BITTER District Attorney Seems Determined To Keep Thaw in an Asylum, But Counsel for Thaw Are Very
 Busy on the Case.
JEROME IS STILL BITTER

White Plains, N. Y, June 29.-Harry K. Thaw's chance for jury trial as to his sanity appear to be very slight. At the conclusion of argument before Justice Mills this afternoon the justice said:
 T believe it should be only matter, of time when this man ought to have jury trial I am not prepared to say whether it should be now or later.''
 The judge then ordered that Thaw should be detained in the Poughkeepsle jail, and adjourned the case to July lo, when new arguments and affidavits Will be submitted. Thaw was taken back to Poughkeepsie this afternoon.
 Thaw arrived from Poughkeepsie this morning, accompanied by his counsel, Colonel Bartlett, A. Russell Peabody and Charles Monschauser. District Attorney Jerome, MT. Conger and MT. Vincent had arrived shortly before.
 Colonel Bartlett began his address on the legal points involved in the habeas corpus, after which MT. Jerome address ed the court.
 Jerome Again at 1t.
 ''rhere is a peculiar condition or tacts here,' said MT. Jerome. "The proceed ings before Justice Morschauser were ex- haustively conducted, but before they were terminated before that justice ap- plication was made to Justice Bowling for a modification of his order commit ting Thaw to Matteawan. Now, before Justice Bowling decides that application, they appear before your honor with d new writ of habeas corpus. The papers were not served upon me until last Sat urday. have had no time to prepare a return to the writ, and l am in no wise certain as to the nature of the return I shall make. It may be demurrer. My opinion is that it is the real purpose of these proceedings to keep this alleged lunatic out of Matteawan, the place to which he has been properly committed by Justice Morschauser, subject to Jus tice Dowlings' possible modification of his order.'
 Colonel Bartlett disputed MT. Jerome s assertion as to the purpose of the pro- ceedings.
 Your honor is well aware,' said Colo mel Bartlett, "of the legal principle that nothing is binding on the return of writ of habeas corpus This young man appears as prisoner deprived of his lib- erty without due process of law"
 Bartlett's Argument. Colonel Bartlett then presented an argument on several points of law un- der which he attacked the constitu- tionality of Thaw's commitment to Matteawan and cited auth critics from | the United States supreme court, and | the courts of several states. He att | tackled the constitutionarity of the sec ! ton of the penal code under which Judge Bowling committed Thaw so Matteawan. Colonel Bartlett argued that there should have been an inquiry 1 into Thaw's sanity after the verdict of the last jury and before his com- mitment to Matteawan.
 1 Tt is not Harry K. Thaw alone ' | said Colonel Bartlett, who is con | cerned in this proceeding-and l want 1 to say that he is just as sane, in my 1 opinion, as I am-it is the question whether any man can be deprived of his liberty without due process of l law
 1 Judge Mills asked if there were prop CT facilities at the Hudson river state i ospital for guarding the prisoner and preventing his escape.
 l District Attorney Jerome made q long argument against Thaw going 1 anywhere but to Matteawan. "The ons proper place provided by the legisla- ture for the treatment of such prison ers." He declared that from any other 1 states hospital man with 5000 coul1 1 escape as easily as he tJerome) could l buy ticket to New York for 50 cents l He characterized the proceedings as nonsense" and cried: "I most earnest ly object to the hippodroming of this man from one county to another, sucl proceeding bringing justice into dis 1 repute. 1 regard Thaw as a danger ous paranoiac, who seeks an oppor | tunity to escape out of the Jurisdiction | of this state to which he cannot be re turned under requtsition."
 Colonel Bartlett responded warmly (