The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-08-12
THAW IS INSANE.
Continued from Page one.)

CONTINUED from Page One.)
cluded that White maintained several
places in New York City, where he
accomplished by force or by drugs,
the ruin of respectable young Ameri-
can girls as it were, by the whole
sale. Such belief, to such extreme eX-
tent was plainly delusion.
The Shooting OF White.
His conclusions as to the practices
of White were not shaken by the fall
ure of the investigations made by the
detectives and public authorities; and
his delusive belief in his special mis-
sion continued to possess his mind In
that mental condition, at the roof gar
den, he came into the presence of
White, doubtless Unexpectedly and
publicly shot him to death in spec
tacular and theatrical manner. In so
doing he believed he was acting as the
agent of Providence and performing
a praiseworthy act, like that of David
in Staying Goliath, or St George in
killing the dragon
Regarding Thaw's suspicion of a
conspiracy against him by his early
counsel, the court says:
such belief-that is, as to the pur-
pose,-was utterly without founda-
ton and a clear delusion.
"AIl this" continues Justice Mills.
according to the Weight of expert
testimony is plainly~the history of a
paranoiac. This court concludes,
therefore that Thaw's insanity at the
commission of the homicide was the
kind known as paranoia and not at
all of the brain storm'-sane half a
minute before and sane half a minute
after-variety, if such variety really
exists.
''The verdict of the jury was plainly
warranted by the evidence, not mere
ly as an expression of reasonable
doubt, but even as an affirmative
finding of the fact of insanity.
1T is true that the new testimony
upon this trial introduced in behalf
of the prisoner tends to materially
vary the history of his early life as
above stated. I am convinced how
ever, that in such variance it is very
mony upon that point given at the
second murder trial by mother, nurse,
family physician and teachers is the
more credible.
Second Conclusion.
Second conclusion-Harry K. Thaw
has not recovered from his insanity
above stated and defined. This deter
mination is made up on the following
grounds:
''Ffrst-Au the experts agree that in
a case of true paranoia recovery is very
'Second-The court is disposed to pay
great respect to the opinion of the hos
pital authorities hereof Dr. Baker, the
charge of Thaw there. All such aUthorl-
ties are public officers with no conceiv-
able motive except to do their duty.
"Third-In view of leading traits of
paranoia, the lay testimony given by
so many entirely respectable and credit
able witnesses showing rational con-
duct on the prisoners part in the
Tombs, at Matteawan and in the
Duchess and West Chester county Jail
is not of commanding force.
n n
lists called for the defendant, as to the
whole, more convincing than that of
those called for the prisoner.
His Own Observations.
"Fifth-Upon my own personal obser-
walton of the conduct of ThaW, his ac-
tions and his speech in the court room,
both on and off the witness stand, 1
have been impressed that he is now of
unsound mind. He was exceedingly
nervous and very frequently interrupt
ed his counsel with suggestions. On his
examination it became evident, even by
his own admission. that he holds his
former beliefs as to the evil practices
OF White lust as extremely and just as
strongly today as ever. If those be-
liefs constituted decisions in his mind
when he committed the homicide they
are the same now While he has no
more evidence against White than he
had then, it is all of the same charac-
ter and neither alone or with what he
previously had warrants his extreme
convictions. in the latter part of his
examination. when he was striving
nightly to defend mis- delusive beliefs,
has facial appearance seemed to me not
to be that of a sane person.
Third conclusion-The enlargement
of Harry K. Thaw now would be dan
gerous to the public peace and safety
and therefore can not be permitted"