The united opinion. [volume] (Bradford, Vt.) 1881-1970, 1909-08-20
THAW MUST GO
TO MATTEAWAN
Court Declares Whites Slayer
Was and Is a ParanOiac
IEROME'S ARGUMENTS UPHELD

Certain Stories Told About White by
Evelyn Thaw at Sanity Hearing De-
cIared "GrossIy Improbable
Prisoner Receives Decision With
Outward caIm-Is Not Disheartened
and viii Continue His Fight
White Plains, N. Y, Aug. 49,
Harry K. Thaw's latest attempt to
gain his liberty met with complete
and disheartehing defeat when Su-
preme Court Justice Mills dismissed
the writ of habeas corpus and de-
clared that the release of the petit
toner would be dangerous to the pub
lie peace and safety" The signing OF
an order sending Thaw back to Mat
teawan is all that remains to complete
the failure of his latest appeal to the
courts.
There is no crumb of comfort for
Thaw in the 1000 word opinion hand
ed down by Mills. All the conten-
lions of his old adversary, District
Attorney Jerome. are supported, and
1t is declared that Thaw is still in
sane, still suffering from persistent
decisions, and as much paranoiac
as on the night he shot Stanford
White.
The order for Thaw's recommit-
ment will be presented to Mills today
by Deputy Attorney General Prentice,
and Attorney Morschauesr will then
have a chance to oppose it or strive
for a modification. Such action, how
ever. will, it is believed, be purely
formal in view of the decisive nature
of the opinion handed down Thurs
day.
Thaw, waiting in the White Plains
Jail at the rear of the courthouse
where the decision was filed, received
the news with an outward calmness
which appeared, however, more
forced than real. The members OF
his family and his attorney seemed
stunned by the thoroughness of their
defeat.
Thaw declined to give out an ex-
tended statement, contenting himself
with the assertion that he was not
disheartened and would at once con-
tinue his fight for liberty. MY next
effort will be conferred upon the court
of appeals, through which l expect
to secure a hearing before jury In
my effort to have my commitment TO
Matteawan set aside"
The case before the court OF ap-
peals, to which Thaw referred, is
one which has been under considera-
ton for some time. 1t came before
Mills last October, when Thaw ap-
plied for an order setting aside his
commitment on the ground that the
court which committed him was with
put power to issue such an order, tn
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 Mills promptly denied this
application the case was carried to-
the appellate division, which sus-
tanned Mills. Thaw's attorney has,
already made a second appeal, and it,
is upon this appeal that Thaw says
his effort will now be conferred. -
In his opinion Justic 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
decisions regarding the practices OF
Stanford White and his associates.
He characterizes Evelyn Thaw's &C
count of the Madison Square tower
room and similar stories about White
told at the sanity hearing as grossly
improbable, evidently to any normal
mind grossly exaggerated. He as
serts his belief in the testimony of
Susan Merrill regarding Thaw's al
legged pervert practices, and points
out the contrast between Thaw's
chivalrous attitude as a protector OF
young American womanhood and his
private life.
Justice Mills expressed deep SYM
pathy for the prisoners mother, and
her exposition of the horrors of Mat
on the stand evidently
prompted his recommendation that
Thaw be allowed greater privileges at
hat institution. At the same time he
gently chided Mrs. Thaw for her
tensure OF Jerome, of whom he said:
I find no evidence of heartlessness
Dr undue zeal on his part"