New-York tribune., 1909-01-17
MRS. THAW ON JEROME
Says District attorney Wants Son
to Go Crdzy.

W oO Sfu~y'
Poughkeepsie, N Y, Jan. 16.-Mrs Wllhaih
Thaw mother of Harry H. Thaw, made stare
ment tonight discussing the decision hanoeo
down to-day by Justice Tompkins, IN the 0u-
preme Court granting her son a new trial as 10
his sanity but placing the trial In New 1oTh
County.
II am told that patient. either through MS
counsel or his family is able to remove such
case as my sons from the district in which the
hospital is situated" said Mrs. Thaw, and 1t IS
an outrage that Mr.. Jerome who has SHOWN
such baseless vindictiveness. not only against
nv SON. but against others connected with the
case should be allowed to violate this rule espe-
cialIy when 1t is plain that Mr.. Jeromes pre-
tence that my son has paranoia Is maze IN oau
faith, or his colleague, Mr.. Gardiner In MS du-
dress to the court last Saturday, would not nave
entirely ignored this claim, and instead have
feebIy argued that he had manic Oppressive in
sanity, which every alienist ever connected WITH
the case considers preposterous.
Il am told and it seems TO me probable, that
the threat Mr.. Jerome made after the first jury
disagreed. that he would delay any second trial
in the hope that my might go crazy in the
Tombs, is neither forgotten or abandoned.
During the two months my was in the
hospital last year, and until Or. Baker visited
Mr.. Jerome both DR.. Lamb and DR.. Baker re-
peatedy stated that he had absolutely no trace
of paranoia, is proved by DR.. Bakers state
ments to the last head of the state commits
sion DR.. Pilgrim, who swore to this and to
other responsible witnesses, and also by his
evasive answers under oath.
Mr. Jerome knows all this and that no
honest jury in America could be deceived and
the move to New York is not to obtain an
honest hearing, but delay any hearing and
wear out my son and myself"
LAS Mr.. Thaw has been up here SC long, nee
essarily the greater part of his witnesses are
here, and I believe he should have a trial in
Dutchess County" said Charles ~Morschauser,
Thaw's attorney. Judge Mills limited the
alienists to two on each side. Now, without
any limitation to the number, Mr.. Thaw
would be compelled to call many as the
county Of New York. and the other expenses
necessarily going with it. together with the long
delay that is always found in the congested
condition of the New York courts, will make it
almost impossible for Mr.. Thaw to get fair
or speedy trial. both of which Judge Mills was
anxious to give US and which it will be impos-
sible, II seems to me, 10 get in the New York
courts"
Harry n Thaw viii have a trial in this city
TO determine his sanity. An order to that effect
was issued yesterday by Justice A S. Tompkins,
to whom appeal asking for 8 trial had been
made by Mrs. William Thaw, Harrys mother.
Under Justice Tompkinss decision Thaw will
not receive trial by jury. Mrs. Thaw's petit
ton requested such hearing, but as Justice
Mills had already refused grant similar re-
quest Justice Tompkins denied that portion of
the petition and ordered that the he heard
before court or judge of New York City. with
or without the assistance OF a referee, as the
trial Judge may decide.
The questions presented to Justice Tompkns
for his decision included the validity Of the
commitment, the present mental condition of
the prisoner, and whether 1t was now safe for
him 10 be at large. Justice Tompklns decided
that he would not consider the question OF
validity. that has already been passed upon
adversely by Justices Morschauser and Mills
and is now on appeal to the Appellate Division
The question of Thaw's present sanity Justice
Tompkins says, is entitled TO be fairly tried and
determined.
Justice Tompkins gave these reasons for de-
Gliding that the hearing should be held in New
York
First that the District Attorney of that
county is best equipped for the work because of