The Montgomery advertiser., 1909-08-13

ruling providence in His own good time
10 yfndicate the right.
(Signed) MARY Copley. Thaw."
So. Believes i'm Heredity.
In concluding that Thaw In now In
sane the court gives first importance
to his family and childhood history.
His determination that the prisoner
has not yet recovered is based prinoi-
pally on the opinion of DIR. Amos Ba-
ker, assistant superintendent of the
Matteawan Asylum.
All such authorities" says Justice
Mills, "are public offlcers. with no con-
ceivable motives except to do their
duties"
The court says that It was more con-
WINGED by the testimony of the alien
lists called for the State than by that
of the prisoners experts. Regarding
Dr. Britton d. Evans, he says:
HE experienced great difficulty in
reconciling his present opinion with
his previous attitude in connection
with the homicide trials, and to my
mind did not entirely succeed In so do
ing"
Thaw evidently made a bad impress
sion upon the Judge by his actions both
on and off the witness stand. The
opinion calls particular attention to
Thaw's facial appearance, especially
during the last afternoon of his tes-
spoke in justification Of his extrava-
CANT belief as to Whites conduct with
certain woman"
An unusual paragraph in Justice
Millss opinion is devoted to Mrs. Mary
Copley Thaw, the prisoners mother.
The court says:
Pays Tribute to Mother.
while paying this high regard to
DR.. Baker. the court is by no means
satisfied with the treatment which
Thaw has received at Matteawan since
his return there in October last, after
his unsuccessful attempt in the courts
then to obtain his freedom. No one
could help being greatly moved by
the deep and manifestly unfeigned dis
tress of the mother when. as a witness
she narrated that treatment telling
how, after his return in October last
to the institution, he was refused his
former comfortably furnished room,
compelled nightly to undress in the
ward in the presence of fifty or more
unquestioned lunaties, to pass then
through the inhrmary between rows
of cots With the sick in them, to his
room with the bed as its sole article
OF furniture. and remain there in dark
ness ten hours from s p. m.
In considering this narrative doubt
less allowance must be made for the
effect on the mothers feelings 1t
the hospital as q criminal to undergo
punishment. The jury, the supreme
authority in the matter, has by its YER
dict declared Thaw innocent of any
crime in the matter of the homicide;
and their verdict must be respected
at least by all public officials. In the
hospital he must be regarded as an
unfortunate person afflicted with mem
tai arrangement, there not to be pun
ished for any crime, but solely to be
cared for, protected and guarded so
that he may not inture another or him
self, but always with the distinct hope
that he may ultimately be cured. how
ever great or small that hope really be
Does Not Urge Partially.
1T is we'll. doubtless, that ca re should
be exercised by the authorities that
Thaw be not favored because of the
wealth and social position of his fam
lily. 1t is equally we'll however, that
care be exercised that he be not treated
any worse upon those accounts. II
may well be that this court, In tho
exercise of its plenary chancery pow.
ers. has the authority by order to
make specific directions as to the treat
ment of any inmate in such an insti.
tuition.
However that may be. venture 70
suggest to the authorities here that
when he Is returned to their custody
permitted to enjoy In his first three
months stay there, be restored to him
81 such procedure be not found to be
clearly incompatible with due discip-
line; and. further, that his venerable
and most estimable mother be at all
times treated with the utmost posi-.
BILE considera tion. Her sorrowful con-
dition commands the profound sympa-
thy of every normal mind, "
Having, out of consideration for the
mothers feelings" continued Justice
Mills. permitted her as a witnaRa 40