The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1909-08-13
II
ThAW RECEIVES
DECISION C0OLLY
Shows No Emotion When He
Is Held Still Insane.
DENIES VIEW OF COURT

oontradicts Justice Mills Statement
That He Still cherIshes the Same
Decisions That Drove Him to Shoot
Stanford Whlte-Famiiy and Child
hood History Main Factor in Ad.
verse Decision Of Case.
White Plains, N. Y. Aug. 13.-The
state Of New York won a complete
victory over Harry K. Thaw when JUS
tice Isaac ". Mills decided that the
slayer Of Stanford White Is still in
sane and sent him back to the GRIM
tnal insane asylum at MatteaWan. Not
one Of the many contentious made by
Thaw during the three weeks of his
recent hearing were sustained. He Is,
however. somewhat better off than be-
fore he brought the present suit, be-
cause Justice Mills IN his decision
suggests-and the suggestion amounts
practically to an order-that Thaw at
Matteawan be restored to the priv
tleges he enjoyed during the first
three months Of his stay there and
that his mother be allowed all the pos
eible privileges and treated with ev-
cry consideration when she calls to
see him.
The prisoner took the decision
coolly. His only statement was de-
NAL of the assertion in the courts
opinion that he still cherished the
| same decisions that drove him to
shoot White.
Dismisses Writ of Habeas Corpus.
In formal language Justice Mills
decision dismisses the writ of habeas
| corpus under which Thaw applied for
his liberty and "remands him to the
custody Of the defendant (Dr. Robert
B. Lamb, superintendent Of Mattea-
wan state hosDitaD, whence he was
produced here"
In concluding that Thaw Is 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 prin-
e1Dally on the opinion of DR.. Amos
Baker, assistant superintendent of
| the Matteawan asylum. All such au-
thorities," says Justice Mills, ARE
public officers. with no conceivable
motive except to do their duties"
Justice Mills says that Thaw's be-
| lief in the stories of Whites prac-
ttces is plainly a delusion, not based
| on facts, az Thaw's attorneys sought
to show. Regarding Thaw's wife the
Justice says
about 1901 he became enamored
ct young woman, Miss Nesbit, whom
he afterwards married. She was then,
| by common reputation, well known to
him, the mistress or a mistress of
! stamford White. She soon assumed
that relation to Thaw and, obviously,
to account to him for her former posi-
tion with White, told him various wild
inception of that relation"
Influenced by State AIlenists.
The court says that It was more
convinced by the testimony Of the
alieuists called for the state than by
that Of the prisoners experts. Re-
saNltng DR.. Britton D. Evans he says:
HE experienced great difficulty in
.econciliug his present opinion with
his previous attitude In connection
with the homicide trials and, to my
mind, did not entirely succeed In so
doing"
Thaw evidently made 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, espe-
cially during the last afternoon of his
testimony, when for twenty minutes
be spoke IN justification OF "his ex-
travagant belief as to Whites conduct
WITH certain woman"
The court. In conclusion, expresses
hle sympathy with the distress of
Ehaw's mother, but declares that in
his opinion, her criticism Of District
Attorney Jerome is unwarranted.