Omaha daily bee., 1909-08-13
Court Finds that He Still Has Exag'
gerated Delusions.
% COMFORT FOR PRISONER
All Contentious Of His Attorneys Are
Rejected.
WILL CONTINUE THE STRUGGLE
Thaw says His Next Move VIII BE
to Get Another Case which IL
Pending Before Court of
Appeals.

WHITE PLAINS, n. Y, Aug. 12.--Harry
K. Thaw's latest attempt to gain his liberty
met with defeat today when Supreme Court
Justice Isaac N Mills dismissed the writ
of habeas corpus and declared that the
release of the petitioner would be danger
Gus to public peace and safety" The sign
ing of an order sending Thaw back to
Matteawan. formalIty. is scheduled to
take place tomorrow morning In Justice
Mills chambers at Mt. Vernon.
There is no crumb of comfort for Thaw
in the several thousand word opinion
handed down by Justice Mills today. All
the contentious of his old adversary, Dis
trict Attorney Jerome are supported and
II is declared that Thaw Is still insane,
still suffering from persistent delusions and
still as much a paranoac as on the day
he shot Stanford White.
The order for Thaws recommitment will
be presented to Justice Mills tomorrow
morning by Deputy Attorney General Ezra
Prestiss and Attorney Morschauser will
then have a chance to oppose it or strive
for a modification. Such action will, how
ever, it is believed, be purely formal in
view of the decisive nature of the opinion
White Plains jail, at the rear Of the court
house, where the decision was filed, re-
ceived the news with an outward calmness
which appeared, however, more forced than
real
Further Appeal to Court.
The members Of his family and his at
torney seemed stunned by the thorough
ness of their defeat. Thaw declined to
give out any extended statement content
ing himself with the assertion that he was
not disheartened and would at once con-
tnue his fight for liberty.
My next efforts" he said, will be
centered upon the court of appeals, through
which I expect to secure a hearing before
q jury in my efforts to have my commit
ment to Matteawan set aside
The case before the court OF appeals, to
which Thaw referred, is one which has been
under consideration for some time. 1t came
before Justice Mills last October when
Thaw applied for an order setting aside his
commitment on the ground that the court
which had committed him was without
power to issue such an order, inasmuch as
Thaw at the time was not on trial on d
question of sanity. At the same time he
asked to have the question of his mental
tice Mills promptly denied this application,
the case was carried to the appellate d.
vision. which sustained Justice Mills
Thaw's attorney has already made second
appeal and it is upon this appeal that Thaw
says his efforts will now be based.
Conclusions of the Court.
Justice Mills. in his opinion today, reaches
three formal conclusions:
That ThaW uhan % killed
White.
q That he has not yet recovered.
g. That public peace and safety would be
endangered by setting him at large.
He upholds District Attorney Jerome's
contentious that Thaw still cherishes delu-
sions regarding the practices of Stanford
White and his associates. He characterizes
Evelyn Thaws tale OF the Madison Square
tower room and similar stories about White
told at the sanity hearing wild and
grossly improbable; evidently, to any nor
NAL mind. grossly exaggerated" He ex-
presses belief in the testimony of Susan
Merrill regarding Thaw's alleged pervert
practices, and points out the contrast be-
tween Thaw's chivalrous attitude a pro-
tector of young American womanhood and
his own private life.
Justice Mills expressed deep sympathy
for the prisoners mother and her exposi-
ton OF the horrors OF Matteawan." on
the stand, evidently prompted his recon-
mendation that Thaw be allowed greater
privileges at that institution.
At the same time he gently ehided Mrs
Thaw for her censure OF District Attorney
Jerome, of whom he said: II find no evi-
dence Of any heartless or undue zeal on
his part"
Not the least significant sentence in