Waterbury evening Democrat., 1908-05-25
THAW DOOMED
To Remain a Prisoner in Mat. teawan Asylum For Some
 Time 10 Come
DISMISS APPLICATION

' the lunatic asylum.
 This is the decision reached by Jus tice Morschauser of the supreme court in an opinion filed early this morn ing in the matter of Thaw,s applica- ftion for release on a 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 allow ed at large and he further declares that the commitment to the lunatic asylum by Justice Bowling after the last trial of the case was entirely le- gal
 Thaw's lawyers will to-day apply to the court for permission to place Thaw in some other institution than the Matteawan asylum, and by stipu- lation with the district attorney the prisoner will be kept in the jail here until Justice Morschauser renders a decision. The justice is holding court | at White Plains this week and will not be able to hear the application before next week.
 Justice Morschauser's decision is us follows:
 Upon application duly made, writ of habeas corpus was allowed by which Harry K Thaw was directed to be produced in court. In the petition | 1t is alleged that said Thaw is ille- lgally imprisoned and restrained of his | liberty by Amos T. Baker, acting su- perintendent of Matteawan state hos pital, state institution for the in- sane.
 Thaw's detention is attacked upon the grounds:
 First-That he is now sane.
 Second-That the act under the provisions of which he was commit ted and detained is unconstitutional and the court was without jurisdic- tion to issue the order of commit ment 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 con finement of said Thaw is constitu- tional and valid and that the court had jurisdiction to make the order of commitment. The return is traver;i- ed by the relator
 The events leading up to the com mitment of Thaw are in brief as fol- lows: On June 25, 1906, Thaw shot and killed one Stanford White. He was indicted for this act in the coun- ty of New York and the indictment charged him with murder in the first degree. On January 23, 1907, he was brought to trial on this indictment and during the progress of this trial, on application of the district attor- ney under section 65S of the code of was duly appointed. to ascertain whether at the time of the trial said Thaw was in state of idiocy, lunacy or insanity so as to be incapable of rightly understanding his own condi- tion, the nature of the charge against him, and of conducting his defense in rational manner. The commission afterwards returned to the court that it was their opinion that at the time of their examination said Thaw was sane and was capable of understand ing his own condition and the nature of the charge against him, and con- dueting his defense in rational manner This conclusion was reach ed in accordance with the purpose of the statute. The trial proceeded and resulted in a disagreement of the jury. On the sixth day of January, 1908, said Thaw was again tried on said indictment, and acquitted on the ground of insanity.
 Thereupon the learned justice pre- siding at the trial, upon the evidence. made an order reeiiing the verdict and that the court deemed the dis charge of said Thaw at that time to be dangerous to public safety. and d. recting that said Thaw be detained in safe custody and be sent to the Mat teawan state hospital. there to Dc kept until discharged by due process of law.
 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 in- sanity 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.
 lam satisfied from the evidence ad- duced before me that the mental con- ditiou of Harry K Thaw has not changed and find that he Is now in- sane and that it Is 70 manifest as to make it unsafe for him to be at large.
 To review the voluminous evidence sddueed on the hearing would un- necessarily lengthen this opinion.
 Thaw was committed pursuant to section 454 of the code of criminal procedure which reads as follows. ' Section 454. when defendant ac- quilted on the ground of fnsan- | ity. the fact to be stated with he verdict-commifment of defendant 10 state lunatic asyium- When the defense Is insanity of f the defendan- the jury must be h. sfrucfed. if they acquit him on that ground. to state the fact wfrh their \ verdict The court must thereuPon. if the defendant te ia eustodv. and they deem his discksrEe dangerous to the plhlic Pesce or szfssv. order < hin 10 te committed ta the state Ianssic ssrlun. until hs heoomss sane
 Ths asestio1 of tke ecnuitutioz- ' afiiF of this lar is ssssiled bT-tts