The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-08-12

be exercised by the authorities that
Thaw be not favored because of the
wealth and social position of his fam
lily. 1t is equally well however, that
care be exercised that he be not treat
ed any worse on those accounts. 1t
may well be that this court in the
plenary chancery powers, has the auth
ority to make specific orders as to the
treatment Of any inmate in such insti-
tuition.
Sympathy for His Mother.
However that may be. I venture to
suggest to the authorities there when
he is returned to their custody the
privileges Socalled, which he was per-
mitted to enjoy in his first three months
stay be restored to him if such a pro-
cedure be not found to be clearly in
compatible with due discipline; and
further that his venerable and most
cstimabIe mother be at all times treat
ed with the utmost consideration. Her
sorrOWful condition commands the pro-
found sympathy of every normal mind.
Having, out of consideration for the
mothers feelings" continues Justice
Mills, permitted her as a witness to
make at Will her plea for her son, and
in so doing to give certain incompetent
testimony which embraced criticism of
Mr.. Jerome, I deem it my duty to say
that these criticisms seem to be to be
mistaken and unwarranted although
dCuhtless sincere. In the very complete
record before me. I find no evidence
his part. If he made the remark re-
membered by Mrs. Thaw. that he hoped
her son would never be released from
Matteawar I am confident it was made
as the expression not of a hope but of
a conviction that he would not recov-
er."
The Courts Conclusions.
After discussing the evidence Justice
Mills draws the following conclusions:
First conclusion-The insanity with
which Harry Thaw was afflicted on
lime 25. 1906, at the time he committed
chronic delusiOn insanity or paranoia.
This conclusion rests upon the following
facts. which appear to me to be clearly
proven;
There was. in his ancestral stock al
substantial but not very strong trace
of insanity. BY not very strong is
meant the fact that no one of his direct
ancestors was ever insane On the ma
ternal side two uncles were of unsound
mind. each at least for portion of
bis life: and on his fathers side an
aunt was at least an epileptic and per-
hapS insane and some more remote
relatives were undoubtedly insane,
though as to them the evidence Is not
clear but there had been insanity in
one of their ancestral lines not common
to the prisoners own descent.
"As a young child he was physically
weak and puny, exceedingly nervous
and abnormaly wilfuL Older. he was
subject to violent spells amounting al |
most to parOXysms of excitement with |
out any naturally adequate cause. He |
attended various schools for different |
periods from the age of upward, but
made little progress In study While !
at school. especially in his early years, |
he had frequent outbreaks of uncon- |
trOuable excitement, in which his taclaI
appearance was wild and staring
Continuing his history of Thaw's life |
Justice Mills says:
His Meeting With Evelyn Tlaw.
About 1901. he came enamored OF
a young woman, Miss NeSbit, whom
he afterward married. She was then,
by common reputation well known to
him, the mistress of Stanford White.
She soon assumed that relation to
Thaw- and obviously to account to
him for her former position with
White told him various wild and
grossly imprO bable stories of the in
ceptiOn of that relation. Although he,
Thaw, evidently was himself far from
a moral man, and was then engaged
or soon thereafter became engaged
in practices of a perverted character,
as revealed by the testimony of the
Merrill woman. which with the cor
roboration afforded by other evidence
in the case appears credible, he gave
absolute credence to the tales told
him by Miss Nesbit about White. He
obtained similar information as to
Whites conduct with a few other Wo-
men. either directly from them or
through Miss Nesbit, all of which in
formation was of the same wild and
improbable charcter; evidently to any
normal mind, grossly exaggerated. To
all, however, he gave implicit belief.
His mind became absolutely possessed
with the stories. He not only believed
them in their entirety, but he de-
Quoted from them conclusions as to |
the private life of White far beyond
that which such belief in a normal
mind would warrant. From the
charges separately made by these few
admittedly immoral women. he con-
Continued on Page F'ive.)