The Washington herald., 1909-08-13

W iAt6 I'AdlIlS, n. 4. Aug l1--Harry X
Thaw has lost his fight to establish his
sanity in court, and to-day he will be
committed again 10 the asylum for the
criminal insane at Matteawan.
Justice Mills, in his decision. which he
handed down to-day. holds that Thaw was
suffering from chronic delusive insanity.
or paranoia. when he killed Stanford
White; that his mind is still in the same
diseased condition, and that IN the light
Of expert testimony. the chances for his
ultimate recovery are very Slight His
release would. therefore. in the courts
opinion. be dangerous to the public peace
and safety.
Thaw's counsel and mother were pre-
pared for an adverse decision, but they
expected one on which they could at
least build hopes for the future. Justice
Mills findings are absolutely devoid of
encouragement in that respect. To the
mother, who has taken such an active
part IN the fight for her sons release.
the blow was crushing. She was in her
apartment In the Carlwyn Arms here
when she learned the character Of the
decision.
Mother Writes Statement.
She gave way to her grief without re-
straint, but later became calmer and
wrote this statement, which she sent over
to the jail to be typewriter by Harry
IN his cell:
Let no one imagine for a moment on
reading this opinion Of Judge Mills that
II means victory for the District Of the
County Of New York.
one by one the delusions with which
he and his alienists started out were
proved by the mouths OF several wit
nesses 10 be stubborn facts that would
not down at his bidding Every prop
was taken from under that arrogant.
vindictivo prosecutor Of a sane. acquitted
man.
50 .bafled was he that when he rose
to make his closing speech Cfor arp1l-
ment 1t was not he had more the ap-
pearance OF schoOlboy compelled TO say
a piece than the sometimes COURAGEOUS
nature sophist who dominates the courts
OF his own judicial district-eXcept when
wealthy malefactors are under trial
The licenses allowed Jerome during the |
entire hearing 70 torture and insult In
every possible way the man who at
reasonable. ]
courteous always even 90 his tormentor. !
appeared TO ali Unprejudiced minds 10
indicate but one thing. 20 all il looked I
Ike the judge. IN allowing such unparal- 1
leled opportunity for every form Of bru-
tality, was actuated by a desire 10 pre-
vent HIS charging at the end that he had
not had every opportunity TO strain 70
the utmost the powers Of the man who
was for the time at his mercy
1T is impossible 10 fathom the work
ings Of the human mind and so the rea- /
son for this totally unexpected and cruel |
decision Of the trial judge must remain a I
mystery.
Again while my son and my daughter
have no alternative but TO take up again /
the burden / had every reason 10 believe .
was behind us forever. We have exiled
ourselves from our two homes. and all /
the regular flow OF life will remain close
10 the gate, and so help the son and
brother 10 endure an existence which. II
perpetual, would be far worse than
death itself. trusting in Gods overruling
power to vindicate the right in His own
good time"
Thaw'S SeIf-reStraint.
Thaw's own self-restraint upon hearing
the decision was in marked contrast IN
the emotion Of his mother. He was
smoking his pipe in his cell when the
news was brought to him that ne would
have TO go back 10 the madhouse. He
puffed on. taking the turn Of affairs very
much as a matter Of course. 1t wasn't
long after he had learned the contents
of the paper that the noticeable egotism
that has characterized his conduct ever
since the sanity hearings began, asserted
itself
He began TO prepare a statement in
answer TO the statement The statement.
however. never was given out and Thaw
contented himself with announcing that
he Is going TO take it easy and devote
himself from now on 70 convincing the
world that ne is sane
Charles NIorschuaser. Thaw's LAWYER
will appear before Justice Mills in Mount
vernon az 10 o'clock tomorrow morning
when Thaw's commitment will be signed
Mr. Morschuaser probably viii appeal
lrom the decision and he VIII certainly
ask 10 have Thaw committed TO some
other state institution than Matteavvan
on the ground that they are prejudiced
against him there.
Mr.. Morschuaser said Thaw conteu-
plated no new proceedings at present
but he thought his client Still had hone"
IN the appeal that had been taken TO the
Court OF Appeals on the question of
original commitment Of Thaw by Justice
DOWhng.
Thaw's lawyer holds on technical
grounds that the commitment is uncon-
-IluuonaL There Is no legal barrier 10
Ihaw's beginning habeas corpus proceed-
.ngs 10 test his sanity whenever he takes
me notion. One feature OF the Mills de-
,ision that IS particularly CALLING TO rba !
fhaWs Is the statement that Thaw's de-
uslons had become established. fixed ]
lnd systemized in his mind prior TO bbs :
marriage on April s. 1906"
With this opinion Of record. EVELYN /
Nesbit Thaw, 1t was said to-day. wouId
nave no difficulty In getting her marriage
annulled.
Accepts the whip story.
Justice Mills accepts as credible the
statements Of Susie Merrill about Thaw
having used a dog whip on young women
Perverted practices" is the Justices
characterization Of the acts of which !
Thaw Is accused.
As TO Stanford White. however. the
justice believes that the charges against
1im have been greatly exaggerated I'm !
Ihaw's mind In fact, Thaw's belief that
White maintained establishments where
respectable young girls were ruined by |
lrugs or force by the wholesale" is plain
" a deiusion in the opinion Of the court | |
Unlike his mother. Thaw had no COM
plant TO make against Justice Mills.
Il think Justice Mills has acted con-
-clenuousy in the whole matter. He |
has treated me as fairly as he knew
how" he said.
But am going to stick It out" Thaw
mInnn =
when I can convince everybody that I n
am sane. ] am going 10 take things !