Los Angeles herald., 1909-08-13
THAW WILL BE
SENT BACK TO
INSANE ASYLUM
ATTEMPT OF WHITES SLAYER
TO GAIN FREEDOM FAILS
ORDER FOR REcoMMlTMENT TO
BE SIGNED TODAY
In Opinion of Court, Which Contains
1000 Words, There Is Not a
Crur1b of Comfort for
Prisoner
IBy Associated Press. ]

" HITE PLAINS, n. Y, Aug. H.
w Harry X. Thaws latest attempt
to gain his liberty was defeated
today when Justice Isaac n. Mills dis
missed 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 will be signed tomorrow.
There is no crumb of comfort for
Thaw in the 7000-WOrd opinion handed
down by Justice Mills. All the conten-
tions of his old adversary, District At
torney Jerome, are supported, and it is
declared that Thaw is still insane, still
suffering from persistent delusions, and
still as much a paranoiac as on the
Gay he shot Stanford White.
Thaw, waiting in the White Plains
Jail, received the news with outward
CalmnesS.
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 doWnhearted and would
continue to fight for liberty.
My next effortsi' 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 Matteawan
set aside"
To Go to Court of Appeals
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 grNlnd that the court which had
committed him was without power to
issue such an order, inasmuch as ThaW
at that time was not on trial on
question of sanity. 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 sus-
! tanned Justice Mills. ThaWs attorney
| already has made a second appeal and
! if is upon this appeal that ThaW says
! his efforts will now be based,
Justice Mills in his opinion today
| reached three formal conclusions:
J. THAT Thaw was insane when he
| killed White
2-That he has not yet recovered.
3-That public peace and satetN
would be endangered by setting him al
He characterizes Evelyn Thaw''
tale of the Madison Square tower
room and similar stories about White
as wild and grossly improbable anc
evidently, to any mind, grossly eXag'
gerated'
Believes Woman's Testimony
! He asserts his belief in the testi'
mony of Susan Merrill, regarding
Thaw's alleged perverted practices anc
pOints out the contrast between Thaw'
chivalrous attitude as a protector OF
young American WOmanhood and ms
private life.
Justice Mills expressed deep sym
pathy for the prisoners mother ant
| her exposition of the horrors of Mat
teaWan on the stand evidently prompt
ed his recommendation that ThaW bt
allowed greater privileges at that in
stitutiOn
Not the least significant sentence il
Justice Mills decision in the opinion
of lawyers here, is one which declares
that Thaw's "delusiOns had become
fixed and established prior to the time
| of his marriage"
It is pointed out that this sentence
NAV prove ground for proceedings by
Mrs. Evelyn Thaw for divorce.
Mrs. Mary COply Thaw tonight made
the following statement:
Let no one imagine for moment
on reading this opinion Of Judge Mills
that it means a victory for the district
J attorney of New Ork. EVERY pIOI
was taken from under that arrogant
vindictive prosecutor of sane ac-
| quilted man
Scores Prosecutor Jerome
so baffed was he that when he
rose to make his closing speech-fol
argument it was not-he had more the
! appearance of school boy compelled
! to say his piece than the sometimes
courageous, mature sophist who domi-
mates the courts of his own judicial
district, except when wealthy male
! factors are under trial.
"This totally unexpected and cruel
decision of the trial judge must re-
main a mystery.
meanwhile my son, my daughter and
| I have no alternative but to take up
again the burden l had every reason
to believe was behind us forever We,
exiled from our two homes and all
the regular flow of life, will remain
close to the gate and so help the son
and brother to endure an existence
which, if perpetual would be far
worse than death itself trusting in
| Gods overruling providence in his own
good time to vindicate the right.
(Signed)
"MARY COPLEY THAW.'
| In the afternoon statement came