Evening journal., 1909-08-12
THAW LOSES
his fight
Justice Mills Refuses TO Re-
lease Him From MatteaWan
Hospital
DECLARES HIM VICTIM
OF SEVERAL DELUSIONS

Special to THE EVENING JOURNAL.
WHITE PLAINS, n. Y. Aug. 12.-Harry
X. Thaw was to-day sent back to Mat
toawan, TO be held an insane man. Justice
Isaac Mills to-day filed his decision. deny
ing Thaw's application for release, and
ordering him returned TO the asylum
from which he has been ighting for ms
freedom ever since he was committed
there by Justice Dowlng at the end OF
his second murder trial, when he was
acquitted on the grounds Of insanity
Justice Mills decision was volumlnouH
document. reviewing all the testimony
taken at the three weeks tr al when
ended Saturday.
Will Start New Fight.
Justice Mills decision was h'ed with
the clerk OF the court here at o'clock
this morning. 1t is believed that Ihaw VIII
Immediately recommence his fight for free
dom. his plans being an effort TO secure
some Justice who will hear his writ OF
habeas corpus before a jury. Justice
Mills former refusal TO allow jury trlal
is now in the higher courts on appeal
Thaw's attorney desires. more than any
thing else a jury trial, believing that IN
that way he can free the prisoner.
After reviewing the testimony, the de-
cision announces Justice Mills conclusions
a. follows:
First: The insanity OF which Harry r.
Thaw was afflicted on June %. 1906. When
he killed Stanford White, was OF the kind
known as chronic deusive insanity OF
paranois.
Second: Harry X Thaw has not yet re-
covered from his insanity.
In support Of his first conclusion, Justice
Mills quotes the testimony regarding
Thaw's ancestry and the testimony re-
eardinr his boyhood. In this connection
he brings down to the time Of his man
hood and says:
Although Thaw was himself evidently
far from moral man and was engaged
in practices of a perverted nature as re-
vealed by the testimony Of the Merrill
woman. he gave absolute precedence 10
the tales told him about White
Belief About White a Delusion.
Justice Mills says that Thaw's beliet
i'm the stories Of Whites practices IS
plainly a delusion, not based on tacts'
AS Thaws attorneys sought 70 snow
Mills also characterizes as delusions
Thaw's belief that his lawyers and
alienists were engaged in conspiracy
TO railroad him 10 Matteawan.
All OF these .deiusionsr Mills declares
plainly indicate the paranoiac.
Justice Mills second conclusion Is
based entirely upon the testimony OF
aiienists that paronoia is incurable. JUS
ticeMills says. regarding Thaw's treat
ment at Matteawan:
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 tc
obtain his freedom. No one could helr
being greatly moved by the deep ano
manifestly unfeigned distress OF the
mother when. as a witness, she narrat-
cd that treatment II must be under
stood that Thaw is not at the hospita
as a criminal to undergo punishment
The Jury. the supreme authority In the
matter. has by its verdict. declared hin
innocent OF any crime in the matter.
THE iury's verdict must be respected
at least by all public officials. In thu
hospital he must be regarded as al
unfortunate person afflicted with menta
deranrement. there not to be punish
cd for any crime, but solely to be care'
for. protected and guarded so that h
may not iniure another or himself, bu
always with the distinct hope that h
may be cured ultimately. however. grea
or small that hope may really be.
Is well. doubtless. that care should b.
exercised by the authorities that Thav
he not favored because OF wealth ant
social position of his family. II i
equally well. however that care be ex
ercised hat ne be not treated an.
worse on these accounts"
The decision ends with the statemen
that THE freedom Of Harry X. Thay
would be dangerous to the communit
and he is therefore remanded to Mat
teswan Asylum. whence he was pro
duced before this court