The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1909-08-18
EX-GOV. BoIEs
DEFENDS THAW
He Condemns the Ruling Of the Court
That Harry is Insane and Should
bo Confined.

Former Governor Horace Boies has
written to the Register and Leader
from his home at Grundy Center
vigorous protest against an editorial
reference to the decision of Justice
Mills in the Thaw insanity case. TAX
ing occasion also to severely con-
denim the ruling of the court that
Thaw is insane The letter follows:
GRUNDY CENTER, Iowa, Aug. Is,
19O9.-To the Editor: In yesterdays
issue of the Register and Leader you
say. mo one will be inclined to quar-
rel with the decision Of the Judge who
sent Thaw back to the insane asylum"
In this I believe you are mistaken.
No mortal man ever faced greater
responsibility than the judge who
made that decision for 1t involved
UNNECESSARILY more than human
life If Thaw at present is a sane
man, as large number OF most
competent witnesses declare him to
be, to conf1ne him for life with the
criminal insane, there to die by slow
degrees. is nothing less than judicial
murder: and for the man who made
that decision to assign as one OF the
reasons therefor (and In this case
evidently the principal one), his own
observation of the nervous condition
and facial expression of another, I'M
der the conditions that Thaw was
compelled to face at the time Of such
| observations, is not only "silly," as
YOU characterize It, but it is wanton-
4 lv cruel and ought to be everlastingly
\ denounced by every just man capable
of comprehending the gravity of the
question submitted to that Judge.
II the press report Of that hearing
preponderance Of evidence was in
favor of Thaw's present soundness of
mind, but here is Judge who allows
his own unskilled observation of the
facial expression of man who
through fourteen hours of cross exam
inaticn by a merciless determined
and unforgiving adversary, is contend
ing for what to him was more than
life, and because in all that fearful
ordeal his nerves were not of steel
and his face at times betrayed his an
Xietv. the scales of Justice are tipped
until a sane human being is sent back
10 wear away his wretched life fr
prison walls with jabbering lunatic,
his only earthly companions.
One single question was involved ir
that inquiry-is Thaw of sound mind
Every other subject thrashed ovel
in the judges opinion of seven thous
and words was disposed of long agt
so far as human tribunals can adius
them. To recall in q hearing like thi
any one of their horrid details l.
simply to demonstrate the unfitnes
of the man that does so, to calml,
consider the one vital question in
: volved in that hearing.
No, Mr. Editor, there are peopl
who will quarrel with that decision
> for it Is in conflict with fair pre-
ponderance of the evidence on whic
it was rendered. Thaw proved hi
t present soundness OF mind, not onl
, by his weight of evidence given b
D others, but he demonstrated 1t beyon
/. cavil to Withstand for fourteen hour
the assaults of this nations mos
: able and ingenious prosecutor durin
s no moment of which his mind wave
d ed in the least degree or by wor
). or act of his own gave any evidenc
r of unsoundness of mind.
8 HORACE BOIES.
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