The San Francisco call., 1909-08-13
Prisoners Family Stunned by
Justice Mills Opinion That
Slayer Is ParanOiac
Magistrate Declares Release
Would Be Dangerous to
the Public Safety
Mother and Daughter of Man
Who Killed Stanford White
to Continue Struggle

to Continue Struggle
wv HITE PLAINS, N. Y, Aug.
W 12.-Mrs. Mary Copley Thaw
tonight made the following
statement:
II Let no one imagine for a moment.
On reading this opinion Of Judge Mills.
that It means a victory for the district
aiorney Of Mem York. Every prop
mas taken from under that arrogant.
pi7dictipe persecutor of a sane. acquit-
. ted man.
50 bafled mas he that Dhen he
rose 10 Hlakc his closing speech Cor
argument II mas nOt) he had more the
appearance Of a schOolbou compelled
TO sau his piece than the sometimes
courageous. mature sOphist pho doHli-
naies the courts Of his opn judicial dis
hict except when DcGlthy nlalcfdctOrs
are under trial.
This totally unexpected and cruel
decision Of the trial Judge must remain
a mystery.
MeanDhile. my son. my daughter
and / have no alternative but to tdke
up again the burden / had every reason
10 believe mas behind US forever. We,
exiled from our tho homes and all the
regular flow Of life. nil remain close
10 the gate and 50 help the son and
fbrother to endure an existence which,
Il perpetual. Dould be far morse than
death itself. trusting in Gods over
ruling providence IN his oDn good time
10 pindioate the right (Signed)
MARY COPLEY THAW."
Harry K. Thaw's latest attempt to
gain his liberty was defeated today.
when Justice Isaac n. Mills dismissed
the writ of habeas corpus and declared
the release Of the petitioner would be
dangerous to public peace and safety"
An order sending Thaw back to Mat
teawan viii be signed tomorrow.
There is no crumb Of comfort for
Thaw in the 1000 word opinion handed
down by Justice Mills. All the con-
tentions Of his old adversary, Dis
trict Attorney Jerome. are supported,
and it is declared that Thaw is still
insane. stim suffering from persistent
decisions and stiIl as much a paranoiac
as on the day he shot Stanford White
Receives News Calmly
Thaw. waiting in the White Plains
Jail. received the news with an out
ward calmness which appeared more
forced than real
The members of his family and his
attorney. seemed stunned by the thor
oughness Of their defeat. Thaw de-
clined to give out any statement, con-
tenting himself with the assertion that
he was not disheartened and would at
once continue his fight for liberty.
Ny next efforts" he said, will be
centered on the court Of appeals,
through which ] expect to secure a
hearing before a jury in my effort to
have my commitment to Mstteawan
set aside"
The case before the court Of appeals
40 which Thaw referred is one which
has been under consideration for some
time. It came before Justice Mills last
october. when Thaw applied for an or
der setting aside his commitment on
the ground that the court which COM
mitted him was without power to issue
such an order. inasmuch as Thaw at
that time was not on trial on a question
of sanity.
Fight on Second Appeal
AT the same time he asked TO have
the question of his mental condition
submitted TO jury When Justice
Mills promptly denied this application.
the case was carried to the appellate
division, 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 win
now be based.
Justice Mills in his opinion today
reached three formal conclusions:
O) THAT Thsw was insane when he
killed White; % that he has not yet
yet recovered; 80 that public peace and
\ safety would be endangered by setting
him at large.
He characterizes Evelyn Thaw's tale
OF the Madison Square tower room, and
similar stories about White as wild
and grossly improbable. and evidently
10 any normal mind grossly exag-
gerated."
He asserts his belief in the testimony
continusa on Page 2, column