Norwich bulletin., 1909-08-13

White Plains, N. Y, Aug. 12.-Harry K. Thaw's latest attempt to gain his liberty met with complete and dis heartening defeat today when Supreme Court Justice Mills dismissed the writ of habeas corpus and declared that the release of the prisoner would be dangerous to the public peace and safety" The signing of an order send ing Thaw back to Matteawan, for mality whic his to take place to- morrow morning in Justice Mills chambers at Mount Vernon. is all that remains to complete the failure of his latest appeal to the courts.
 No Comfort for Thaw.
 Thaw in the thousand word opinion handed down by Justice Mills today, All the contentious of his old adversary, District Attorney Jerome. are supported. and it is declared that Thaw is still insane still suffering from persistent delusions. and as much a paranoiac as on the night he shot Stanford Whites
 The order for Thaw's recommitment will be presented to Justice Mills to- morrow morning by Deputy Attorney General E P. Prentice, and Attorney Morschauser will then have a chance to oppose it or strive for modiica- ton. Such action. however. will. it is believed. be purely formal. in view of the decisive nature of the opinion danded down today.
 Thaw Receives News With Calmness.
 Thaw, waiting in the White Plains jail at the rear of the court house, where the decision was filed, received the news with an outward calmness, which appeared. however, more forced than real. The members of his fam fly and his attorney seemed stunned by the thoroughness of their defeat. Thaw declined to give out any ex- tended statement, contenting himself with the assertion that he was not dis heartened and would at once continue his fight for liberty. My next efforts will be centered upon the court of appeals. through which I expect to se- cure a hearing before a jury in my effort to have my commitment to Mat teawan set aside"
 The case before the court of ap- peals. to which Thaw referred. is one which has been under consideration for some time. It came before Jus tice Mills last October when Thaw ap- piled for an order setting aside his commitment on the ground that the court which committed him was with out power to issue such an order in- asmuch as Thaw at the time was not on trial on a question of sanity. At the same time he asked to have the question of his mental condition sub mitted to a jury. When Justice Mills promptly denied this application, the case was carried to the appellate di- vision. which sustained Justice Mills. Thaw's attorney has already made a second appeal and it is upon this ap- peal that Thaw says his efforts will be now centered.
 Three Formal Conclusions in Opinion.
 In his opinion today Justice Mills reaches three formal conclusions: That Thaw was insane when he killed White: that he has not yet recovered; and that public peace and safety would be endangered by setting him at large. He upholds District Attorney Jerome's arguments that Thaw still cherishes delusions regarding the practices of Stanford White and his associates. He characterizes Evelyn Thaw's account of the Madison square tower room and similar stories about White told at the sanity hearing as wild and gross ly improbable. evidently to any nor nal mind grossly exaggerated" He asserts his belief in the testimony of Susan Merrill regarding Thaw's alleg- ed pervert practices and points out the contrast between Thaw's chivalrous attitude as a protector of young Amer ican womanhood and his private life.
 Justice Mills expressed deep sympa- thy for Mrs. Mary Copley Thaw. the prisoners mother and her exposition of the "horrors of Matteawan' on the stand evidently prompted his recom- mendation that Thaw be allowed greater privileges at that institution. chides Mrs. Thaw for censure of Je-
 rome.
 At the same time, he gently chided Mrs. Thaw for her censure of District Attorney Jerome, of whom he said: