The Montgomery advertiser., 1908-05-26
MUST REMAIN
 IN ASYLUM Thaw Still Crazy. Says
 Court. A voLUMINoUS OPINION Thaw Still Cheerful Despite the
 Gloomy News. Efforts win Be Made to Induce Jerome to Consent to a Commitment in One of the State Hos
 pitfalls.

Poughkeepsie, N r.. May 25.-Harry K. rhaw. the slayer of Stanford White. asylum. This Is the decision reached by Justice Morsch auser of the Supreme Court, in an opinion filed early this morning in the matter of nhaws ap- plication for release on wTit of ha- beas corpus.
 Both points brought up by Thaw's attorneys are decided against him. The Justice declares that Th@w is now in- sane and should not be allowed at large, and he further declares that the commitment to the iunatic asylum by Justice Bowling after the last trial of the case. was entirely legal
 After James c. Graham. his attor- ney. had shown him a copy of Judge Morschauser's opinion. Harry K. Thaw gave the reporters an interview and talked voluntarily about hds case. He talked unreservedly on everything ex- cept his wife. and when her. suit for annullment of their marriage was mem taoned, he stood up and indicated that the interview was aR an end.
 His chief theme was the newspaper reports of the evidence in his trial. Much testimony favorable to him, he asserted, was not published. probably because 1t did not appear to the re- porters interesting, while undue prom thence was given District Attorney Je- rome's cross nation of Thaw. be- cause Jerome knew how to make 1t in teresting. He said.
 Take for instance Dr. Jacoby. His direct testimony was conclusive but not interesting. His cross-examination under Mir. Jerome was interesting and the newspapers printed it. Probably I should have done the same as the re- porters did in the position"
 Thaw did not discuss the action of the court He said that Mfr. Jerome had done what he deemed his duty. Asked about a report that Evelyn Thaw would wathdraw her annulinena suit tn order to try to have herself ap- pointed custodian of her husband s property. Thaw said he had no fear full for man who had just heard bad news.
 Mfr. Graham said that the order for reoommitment would probably not be signed by Judge Morsohauser until a week from next Saturday. In the meantime. efforts will nN made to in- dnce Mir. Jerome to consent 70 Thaw's commitment to one of the State hospl- tals other than Matteawan.
 44 SsAhs JG4 O2At0 GOAtk1GnLSs 1UdW WILL not appeal from the decision. If he does appeal, 1t cannot be argued before the Brooklyn appellate division until fall.
 Mrs. Thaw. Harry's mother, and Mrs George Carnegie. his sister, visited him in the Jail today.
 Justice Morschauser's decision fol- lows.
 Justice MOrschanser,m Decision.
 Upon AnnliCatinn flEHlV pra yrgk Of habeas corpus was allowed by which Harry K. Thaw was directed to be pro dTced d ,,.s.a in court; In the petition, it is prisoned and reSsra'aed of his liberty by Amos T. Parker, acting Superin. tendent of MatteRwan State Hospital, a State institution for the insane.
 Thaw's detention Is attacked upon the grounds:
 First-That he is now sane.
 Second-That the act under the pro- detained is unconstitutional and the court was without Jurisdiction to is- sue the order of commitment and such order was null and void.
 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 jurisdiction to return is traversed by the relator,
 The events leading up to the com nitment of Thaw are. in brief. as fol- lows
 On June S25. 1908. Thaw shot and killed one Stanford White. He was in. iicted for this act in the county of New York and the indictment charged 0n January 2. 1907. he was brought 10 trial on this indictment and during he progress of this trial, on applica- ton of the District Attorney under section 65s of the code of criminal pro- sedure, a commission was duly appoint sd to ascertain whether at the time If the trial said Thaw was in a state De incapable of rightly understanding ais own condition. the nature of the ,harge against him and of conducting ais defense in rational manner. The afterwards returned to the court that it was their opinion that 1t the time of their examination said rhaw was sane and was capable of understanding his .SH own condition and md conducting his defense in a ra- ional manner. This conclusion was cached in accordance with the purpose ,f the statute. The trial proceeded and esulted in a disagreement of the jury. 1n the 6th of January. 1908, said ThaW vas again tried on said Indictment and acquitted on the ground of insanity. iiding at the trial, on the evidence. made an order reciting the verdict and hat the court deemed the discharge lf said InaW dI that tune to pc udn- ,erous to public safety ana directing hat said Thaw be detained in safe .ustody and be sent to the MatteawAn State Hospital there to be Kept until discharged by due process of law.
 The proof and evidence on the part f the respective parties have been ably presented and the matter has been sub. nitted.
 Pleaded Insanity.
 Thaw, at the time of his trial for homicide, as a defense, pleaded insan. ty and presented proof to show his insanity at the time of the killing oS White, and by the proof offered on his ,ehalf, the jury was convinced that he vas insane and acquitted him upon
 am satisfied from the evidence dduced before me that the mental ondition of Harry K. Thaw has not hanged, and find that he Is now in- ane and that it Is so manifest as to nake it unsafe for him to be al large.
 To review the voluminous evidence on the hearing would unnec- ssarily lengthen this opinion.
 Thaw was committed pursuant to ection 454 of the Code of Criminal 'rocedure. which reads as follows:
 "Section 454 When defendant ac- uitted on the ground of insanity, the | fn ka