The Wenatchee daily world. [volume] (Wenatchee, Wash.) 1905-1971, 1909-01-12
IHAW To HAVE
TRIAL FOR SANITY
COURT DECLARES SLAYER OF
WHITE is ENTITLED TO HEAR
ING, ALTHOUGH JEROME IN
SISTS PARANOIA is INCUR
ABLE.
Special to the World.

Nyack, N. Y, Jan. 12.-Harry X.
Thaw returned to Matteawan today
from here jubilant with the belief
that Justice Arthur S. Tompkins, be-
fore whom Sanford Whites slayer
was brought on a writ of habeas cor
pus secured by his mother, Mrs. VIM.
Thaw, is going to grant him new
trial, to determine whether or not
he is insane. After hearing argu-
ments from Thaw's counsel, Charles
Morschauser, and from District At
torney jerome and Colonel Asa Bird
Gardner, special attorney, Justice
Tompkins announced that he would
reserve his decision until next week,
but until so doing admitted that he
thought Thaw entitled to a fair trial
to his sanity After Thaw has been
remanded to Matteawan pending the
decision, both he and his counsel de-
clared that they were confident a
new trial would be granted.
Thaw, who looked in better health
than at any time since his incarcera-
ton, was accompanied by his mother
and brother and Doctors Lamb and
Bacon, of Matteawan. He appeared
in good spirits, and during the pro-
ceedings sat with his counsel, making
suggestions and apparently keenly
aware of all that was going on. Dis
trict Attorney Jerome, after review
ing the former proceedings at length.
argued for a transfer of the proceed
ings to New York county. There are
many reasons for this, said Jerome.
Incurable, Says Jerome.
There are two justices in that
county perfectly familiar with the
case. The alienist l brought myself
testified that the defendant was suf-
fering from paranoia, which is incur
able. That is still the contention Of
the people. The County of New York
has spent so much money and so
much evidence has been produced to
show this man to be lunatic and
dangerous to the community if re-
leased, that 1 desire to give the case
every attention, which would be i'm
possible if he remained here.
THAT a proper review of evidence
will show that this man should be re-
strained for life. Unless incarcerat-
ed he will be dangerous person"
Counsel Fights Change of Venue.
Colonel Gardner joined with Je-
rome in the motion. In opposing the
motion to hold the trial in New York,
Attorney Morschauser asked the COM
missioner to grant a trial and set it
for Duchess county, and ordered the
number of alienists on each side to
be limited.
Morschauser contended that Thaw
has entirely recovered his sanity and
is being held a prisoner unlawfully.
In reserving his decision Justice
Tompkins said:
Entitled to Trial, Said Court.
"Thaw is entitled to a fair trial as
to his sanity The questions are just
where the trial, if granted, he held;
second, how shall Thaw be tried Ii
granted a trial? l reserve my deci-
sion and remand Thaw to Matteawan.
The district attorney of New York
county has moved that the case be
taken into his county; that is ques-
ton before the court, l shall decide
it justly"
Complains of Treatment.
Thaw made personal appeal to
send him to some other institution
than Matteawan.
II am not treated WE'LL" he said. II
am living under great strain there.
That is a severe trial to me-"
| He told of having to go to bed at
Z o'clock and said he was denied al
most all the things he asked for to
make him comfortable. The court de-
MED the petition.