Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-08-12
|HAN STILL INSANE,
hDg STAY |NPR|SON
JUSTICE MILLS REFUSES TO RE.
hEAsE SLAYER OF WHITE
/ ERoM~MATTEAWAN.
GETS MORE PRIVILEGES,
TAKES DECISION cooLLY
Asylum Authorities Ordered to Permit
Many Privileges, Among Them Visits
From Mother-court Bases Decision
Largely on Prisoners Action. and
Evidence Of DR.. Baker.

Evidence Of DR.. Baker.
White Plains, N. Y, Aug. 12-Justice
1fills handed down a decision this
morning, declaring that Harry K
Ehaw is insane. He dismisses the
writ Of habeas corpus under whica
Thaw endeavored to secure his release
from Matteawan asylum and remands
him to the custody Of the authorities
of that institution.
Not one Of the many contentious
made by Thaw during his recent hear
Ing Is sustained. He is, however, some-
what better off than before he brought
the present suit, because Justice Mills
IN his decision suggests and the sug-
gestion amounts practically to orders
that Thaw at Matteawan be restored to
the privileges he enjoyed during the
first three months of his stay there, and
that his mother be allowed all possible
privileges and be treated with every
consideration when she calls to see
him.
Thaw will remain at the Jail at least
until tomorrow, when his attorney will
be given a chance to make any formal
motion before Justice Mills.
Takes Decision cooIiy.
The prisoner took the decision coolly.
His only statement was a denial Of the
assertion in the courts opinion that he
still cherished the same delusions that
drove him to shoot White.
I'm concluding that Thaw is now
Insane the court gives the first I'M
portance to his family childhood and
history. His determination that the
prisoner has not yet recovered is based
principally on the opinion Of DR.. Amos
Baker. assistant superintendent Of
Matteawa.n asylum.
"All such authorities" says the jus-
tice. 'are public officers, with no con-
ceivable motives except to do their du-
ties.
The court says It was more COM
vfnced by the testimony of the alienists
called for the state than by that, of the
prisoners experts. Thaw evidently
made bad impression upon the Judge
by his actions both on and off the wit
ness stand. The opinion calls partic-
ular attention TO Thaw's facial ap-
pearance, especially during the last af-
fernoon Of his testimony, when for
twenty minutes he spoke in justification
of "his extravagant belief as to Whites
conduct with certain women"
Thaw's Ancestry Deficient.
After discussing the evidence ad-
dressed at the hearing the justice re-
views Thaw's ancestery, and says the
insanity with which Thaw was affected
when he killed White was of the kind
known as chronic, delusive insanity or
paranoia. There was in his ancestral
stock, added the Justice, a substantial
but not very strong trace OF insanity,
altho none Of Nhaw's direct ancestry
was ever insane.
Continuing his history of Thaw's
life, Mills said:
About 1901 he became enamored of
q young woman, Miss Nesbit, whom he
afterwards married. She then, by COM
mon reputation, was we'll known to
him as tse mistress or mistress Of
Stanford White.
DisbeIieves EveIyn's Story.
"she soon assumed that relation to
Thaw and obviously to account to him
for 4sher former position with White,
told him various wild and grossly i'm
probable stories Of the inceution of that
relation. Altho he Thaw, evidently
was himself far from moral man and
was then engaged or soon thereafter
became engaged in the practice of a
perverted character, as revealed by the
testimony of the Merrill woman, which
with corroboration afforded by other
evidence in the case. appears creditible
he gave absolute credence to the tales
told by Miss Nesbit about White. He
obtained similar information as to
young women, either directly from
them or thru Miss Nesbit, all Of which
Information was Of the same wild and
Improbable character, and evident to
any normal mind grossly exaggerated.
To all. however, he gave implicit be-
lief.
Decided as TO Write.
'tHis mind became absolutely pos
sessed with these stories. He not only
believed them in the entirety but de-
duced from chem conclusions as to the
practices of White far beyond what
such belief in a normal mind would
warrant. From charges separately
made by these few admittedly immoral
women, he concluded that White main
tained several places in New York City
where he accomplished. by force or by
drugs, the ruin of respectable young
American girls, as it were, by whole
sale. Such belief, to such an extreme
extent. was plainly delusion. This
delusion as to the practices OF White
were not shaken by the failure of the
investigations made by detectives and
public authorities; his delusive belief
In his special mission continued to pos
sess his mind. In that mental condi-
tion, at the roof garden, he came into
the presence Of White, doubtless unex-
pectedly, and publicly shot him to
death in a spectacular and theatrical
manner. In SO doing he believed he
was acting as the agent Of providence
and performing praiseworthy act,
like that Of David in Staying Goliai, or
SSt. George IN killing the dragon,
Net "8rain Storm"
sAll this. according to the weight Of
expert testimony. u plainly the history