The Washington times., 1909-08-12
Judge Holds Him Insane and
Dangerous TO the
Community.
SHOCK TO PRISONER
AND HIS RELATIVES
Court Refers to Thaw's Ancetry,
His Boyhood, and
Manhood.

WHITE PLAINS, N. y, Aug. Il.
Harry K. Thaw was TO-DAY sent
back to Matteawan, to be held an in
sane man. Justice Isaac wills today
filed his decision, denying Thaw's
application for release and ordering
him returned to the mad-hcIse from
which he has been fighting for his
freedom ever since he was comm
ted there by Justice Dowling at fte
end of his second murder trial wren
he was acquitted on the group>s
insanity.
Justice Mills decision was A Va.
luminous document, reviewing iii
the testimony taken at the three
weeks trial which ended Saturday.
TO RE-coMMENcE FIGHT.
Justice Mills decision was filed
with the clerk Of court mere at 9
o'clock this morning 1t is be-
lieved that Thaw will Immediately
recommence his fight for freedom.
his plans being an effort to secure
some justice who will hear his
writ of habeas corpus before a
jury. Justice Mills. formal refus-
al to allow a jury trial is now in
the higher courts on appeal. Thaw's
attorney desires. more than any
thing else. jury trial. believing
that in that way he can free the
prisoner.
After reviewing the testimony, the de-
cision announces Justice Mills con-
clusions as follows:
First; The insanity Of which Harry
K. Thaw was afflicted on June .,
1906. when he killed Stanford White,
was of the kind known as chronic de-
lusive insanity. or paranoia.
Second; Harry x. Thaw has not yet
recovered from his insanity"
In support Of his first conclusion,
Justice Mills quotes the testimony re-
garding Thaw's ancestry and testimony
regarding his boyhood. In this connec-
tion he brings ThaW down to the time
OF his manhood. and says:
THAW FAR FROM MORAL.
Although Thaw was himself evil
IDENTIFY far from a moral man. and was
engaged in practices Of a perverted na-
ture. as revaled by the testimony OF
the Merrill woman, who appears cred
table, he gave absolute precedence TO
the tales told him about White"
Justice Mills says that Thaw's be-
lief In the stories Of Whites practices
is plainly a delusion. not based on facts,
as Thaw's attorney sought to show.
Justice Mills also characterizes the
delusiens as Thaw's belief that his law
yers and alienists gere engaged in a
conspiracy to railroad him 10 Mat
teawan.
All of these "delusions, Mills de-
clares, plainly indicate the paranoiac.
Justice klills' second conclusion Is
based entirely upon the testimony Of
alfenists that pafanota is incurable. JUS
tice Mills says, regarding ThaWs treat
ment at Matteawan.
Asylum Treatment Displeases.
''The court is by no means satisfied
with the treatment which Thaw has re-
ceIved at Matteawan since his return
there in October last. after his unsuc-
cessful attempt in the courts then to
obtain his freedom. No one could help
being greatly moved by the deep and
manifestly unfeigned distress OF the
mother when. as a witness, she mar
rated that treatment. It must be un-
that ThaV is not at the hos
pital as a criminal to undergo punish
ment. The jury. the supreme authority
in the matter. has, by its verdict. de-
clared him innocent Of any crime in
the matter.
THE jury's verdict must be respected,
at least, by all public officials In the
hospital he must be regarded as an un-
fortunate person afflicted with mental
arrangement, there not to be punished
for any crime, but solely 10 be cared
for protected, and guarded so hat he
may not injure another or himself, but
always with the distinct hope that he
may be cured ultimately, however great
or small that hope may really be. 1t
is well, doubtless, that care should be
exercised by the authorities thar Thaw
be not favored because OF the wealth
and social position OF his family. IL is
well, however that care be exercised
that he be not treated any worse on
these accounts.
that ''the enlargement Of Harry K.
Thaw would be dangerous to the COM
munttv and he is therefore relnanded
10 MatteaWau Asylum. whence he was
producei before this court"