Watertown leader. [volume] (Watertown, Jefferson County, Wis.) 1909-1911, 1909-08-13

public authorities; and his delusive belief
in his special mission continued to possess
his mind. In that mental condition, at the
roof garden he came into the presence Of
White, doubtless Unexpectedly, and pub
liciy shot him to death in a spectacular and
that he was acting as the agent of proyi-
dence and performing a praiseworthy act
like that of David in Staying Goliath, or
st, George in killing the dragon
Regarding Thaw's suspicious of con
spiracy against him by his early counsel,
the court says:
Such belief, that is as to the purpose,
was utterly without the least foundation
and a clear delusion.
All this according to the weight of ex-
pert testimony, is plainly the history Of
This court concludes mel thefefore
the homicide was of the kind known rs
paranoia, and not at all of the brain
storm" sane half a minute before and
half a minute after variety, if any such
variety really exists.
The verdict of the jury plainly
ranted by the evidence. not merely as an
expression of reasonable doubt but even
as an affirmative finding of the fact of in
sanity.
this trial introduced in behalf of the pris-
oner tends TO materially vary the history of
his early life as above stated. am con
WINGED. however, that in such variance it Is
very largely mistaken; and that the testi-
mony upon that point given at the second
murder trial by mother, nurse, family ply
credible
second conclusion Il Harry K. Thaw has
stated and defined. This determination is
made up ON the following grounds:
First ground: All the experts agree that
in a case CT true paranoia recovery is very
doubtful
Second ground: The court is disposed tc
pay great respect to the hospital authori-
| ties hereof DR.. Baker, the hospital physi-
clan having had actual charge of Thaw
there. All such authorities are public of
! ficers, with no conceivable motive except tC
do their duty.
Third ground; In view of leading traits
| of paranOia the lay testimony given by sc
many entirely respectable and credible wit.
| nesses. showing rational conduct Oh the
| prisoners part in the Tombs. at Matteawan
and in the Duchess and Westchester coun-
! ty jails, is not of commanding force.
Fourth ground: The testimony of the
! aliensts called for the defendant, as to the
present condition. seems to me, upon the
! whole, more convincing than that of those
! called for the prisoner
Conduct in Courtroom.
| Fifth ground: Upon my own personal OBJ
servation of the conduct of Thaw, his ac
tons and his speech in the court room
! both on and off of the witness stand,
| have been impressed that le is now of un
sound mind. He was exceedingly nervous
and very frequently Interrupted his counse
with suggestions Upon his examination II
became evident, even by his own admis
sion, that he holds his former beliefs as tc
the evil practices of White, just extreme
| ly and Just as strongly today as ever II
those beliefs constituted decisions in his
mind when he committed the homicide, they
| are the same now. While he has no more
evidence against White than he had then
it is all of the same character, and neither
alone nor with what he previously had war
rants his extreme convictions. In the lat
| ter part of his examination, when he was
| striving nightly to defend his delusive be
liefs, his facial appearance seemed to me
not to be that of sane person.
Third conclusion: The enlargement OF
| Harry K. Thaw now would be dangerous tc
the public peace and safety, and therefore
cannot be permitted.
Must Be Treated Better.
] An unusual paragraph in Justice Mills:
| opinion is devoted to Mrs. Mary Copley
Thaw, the prisoners mother. The court
says:
While paying this high regard to DR..
| Baker, the court is by no means satisfied
with the treatment which IhaW has re,
! ceived at Matteawan since his return there
in October last, after his unsuccessful at
tempt in the courts then to obtain his free
dom. No one could help being greatly
moved by the deep and manifestly I'M
feigned distress of the mother when, as q
| witness, she narrated that treatment, tell
ing how, after his return IN October last tc
the institution, he refused his former
comfortably furnished room, compelled
nightly to undress in the ward in the pres
ence Of fifty or more unquestioned unatfcs.
to pass them through the intirmary, between
rows of cots with the sick in them, to his
room with the bed as its sole article of
furniture. ana remain there Ill darkness ten
hours from p. N.
IN considering this narrative, doubtless
allowance must be made for the effect OF
the mothers feelings 1t must be under
stood that Thaw is not at the hospital as
| Il criminal to undergo punishment. The
jury, the supreme authority in the matter
has, by its verdict declared Thaw limo
cent of any crime in the matter of the
homicide; and their verdict must be re
spected, at least Ivy all public officials In
the hospital he must be regarded as an un,
fortunate person afflicted with mental de
rangement, there not to be punished for
| any crime, but solely to be cared for, pro.
/ te@ttd and guarded that he may not in
| jure another or himself, but always will
the distinct hope that he may ultimately be
cured, however, great or small that hope
! 1t is we'll doubtless. that care should be
exercised by the authorities that Thaw be
socia, position of his family. 1t is equally
well. however. that care be exercised thai
| he re not treated any worse upon those ac-
the exercise of its plenary chancery powers.
has tho authority by order to make specific
directions as to the treatment of any in
mate il; such an institution.
/ However that may be, venture to sug-
gest to the authorities there that, when he
Is returned to their custody the privileges,
so called, which he was permitted to enjoy
in his first three months stay there, be re
stored to him if such procedure be not
found to be clearly Incompatible with due
discipline: and further. that his venerable
and most estimabe mother be at all times
treated with the utmost possible considera-
ton Her sorrowful condition commands
the profound sympathy of every normal
mind.
Jerome Not Blamed
Having out of consideration for the moth
er's feelings permitted her as a witness tc
make at will her plea for her son, and i'll
so doing TO give certain incompetent test1-
mony which embraced criticisms of Mr..
| Jerome, / deem it my duty to say that
| these criticisms seem to me to be mistaken
| and unWarrlntpd. although Doubtless sin
cere. In the very complete record before
me / find no evidence of any heartlessness
or undue zeal upon his part. If he made
the remark remembered by Mrs. Thaw, to
the effect that he hoped her son would
never he released from Matteawan, l am
confident that it was made the express
sion not of a hope but of a conviction that
he would not recover.