The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-08-13

70 violent spells. amounting almost to
pdIOAysmS of excitement without any
naturally adequate cause. He attended
va Us schools for different periods from
tne ase CT 8 upward, but made little prog
ies5 IN study. While at school, especially
IN MS early years, he had frequent out
breaks Of uncomfortable excitement, in
staring"
Connection With Evelyn Nesbit.
Continuing his history of Thaw's life
ABOUT 1901 he became enamoured of d
yOuLs woman Miss Nesbit, whom he aft
erWard married. She was then nv COM
mon repute, well known to him. the mis-
tL9ss' OF mistress of Stanford White.
one soon assumed that relation TO Thaw
S se, OBVIOUSLY 10 account to him for her
former position with White told him va
rious wild and grossly Improbable stories
OF ths inception of that relation. Al
Inougn hes IhaW, evidently was himself
Ia t rom moral man, and was then
engaged or soon thereafter ENGAGED in
practices Of a perverted character. as re-
Vealed by the testimony of the Merrill
woman, which, with the corroborati ton af-
IOIueu Dy oJner evidence in the case, ap-
pears credible, he gave absolute credence
to the tales told him bv Miss Nesbit about
w hlte. he obtained similar information
as 10 WHITES conduct with a few other
young women, either directly from them
or through Miss NeSbiI all Of which in
formation was Of the same wild and i'm
PROBABLE character; evidently to any nor
MAJ mind, grossly exaggerated To all,
iloMeNeI' ne gave implicit belief. His mind
became absolutely possessed with the stO-
rles. he not only believed them in their
entirety, but he deducted from them con-
illusions as to the practices of White far
beyond what such belief in q normal mind
would warrant From the charges sep
arately made by these few admittedly i'm
moral women, he concluded that White
maintained several places in New York
CITY where he accomplished, by force or
oy drugs, Inc ruin Of respectable young
American girls as it were, by the whole
sale. such belief, to such extreme extent
was plainly delusion.
Complete DeIuslon.
His decisions as to the practices OF
White were not shaken by the failure of
the Investigations made by the detectives
and public authorities; and his delusive
belief IN his special mission continued to
possess his mind. In that mental condi-
ton, at the roof garden, he came into
the presence Of White, doubtless unex-
pectedly and publicly shot him to death
IN spectacular and theatrical manner.
In so doing he believed he was acting as
the agent Of Providence and performing
a praisewOrthy act, like that of David
in staying Goliath, or st. George in killing
the dragon"
Regarding Thaw's suspicion of q con-
splracy against him by his early counsel,
the court says:
Such belief-that is, as to the purpose
was utterly without foundation and a
clear delusion."
An this" continues Justice Mills. "ac-
cOrdlng to the weight of expert testimony,
is plainly the history of a paranoiac. This
court concludes, therefore, that Thaw' S
insanity at the commission of the homi-
eide was Of the kind known as paranoia
ana not all OF the 'brainstOrm' sane half
a minute before ana sane half a minute
arter-variety, if any such variety really
exists.
Verdict of Jury Warranted.
THE verdict of the jury was plainly
warranted by the evidence, not merely
as an expression of reasonable doubt, but
even as an affirmative finding OF the
fact Of insanity.
1t is true that the new testimony upon
Jills Iflal introduced in behalf of the pris-
oner tends to materially vary the history
OF his early life as above stated. am
convinced, however, that in such variance
II Is very largely mistaken; and that the
testimony given on this point given at
the second murder trial by mother, nurse.
FAMILY physician and teachers is the more
creditable.
Not Yet Recovered.
Second concIusion-Harry X. Thaw
has not yet recovered his sanity above
stated and defined. This determination is
made upon the following grounds:
Flrst-Au the experts agree that in a
case Of true paranOica recovery is very
doubtful.
'Second-The court is disposed to nav
great respect to the opinion OF the hos
pital authorities hereof DR.. Baker the
hospital physician having had actual
charge Of ThaW there. All such authori-
ties are public officers, with no cOnceiv-
able motive except to do their duty
'Third-In view of leading traits OF
paranOia the lay testimony given by so
many entirely respectable and credible
witnesses, showing rational conduct on
the prisoners part in the Tombs. at Mat
teawan and in the Duchess and Westches-
Ter county Jails, is not Of commanding
force.
"Fourth-The testimony of the aIienists
called for the defendant, as to his present
condition, seems to me, on the whole
more convincing than that of those called
Tor the prisoner.
Courts Observations.
''Fifth-Upon my own personal observa-
ton of the conduct of Thaw, mis- actions
and his speech in the court room, both
on and of the witness stand, I have
been impressed that he is now OF unsound
mind. He was exceedingly nervous and
very frequently interrupted his counsel
with suggestions. On his examination il
became evident even by his own admis-
sion, that he holds his former beliefs as
10 tie evil practices of White lust as
extremely and just as strongly today as
ever. If those beliefs constituted delu-
siOns in his mind when he committed the
homicide they are the same now. While
he has no more evidence against White
than he had then, it is all of the same
character and neither alone or with what
he previously had warrants his extreme
convictions In the latter part Of his ex-
anlnauOn, when he was striving might
lily to defend his decisions and his be
lie1s, his facial appearance seemed to me
not to be that Of a sane person.
Third CQnr In EInr1--rTha -
Harry K Thaw now would be dangerous
TO the public peace and safety and there
fore cannot be permitted"