Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-08-13

w mite fldlilS, N. =, Aug. lZ.-1dfry
X. Thaw's' latest attempt to gain his
liberty met with complete and disheart-
ening defeat today when Supreme
Court Justice Isaac n. Mills dismissed
| the writ Of habeas corpus and declared
that the release of the petitioner
would be dangerous to the public peace
and safety" The signing of the order
sending Thaw back to Matteawan, a
formalty which is to take place to-
morrow morning in Justice Mills
chambers at Mount Vernon is all that
remains to complete the failure of his
latest appeals to the courts.
| There is no crumb of comfort for
ThaW in the 7000-word opinion handed
down by Justice Mills today. All the
| contentious of his old adversary, Dis
| trict Attorney jerome, are supported,
and it is declared that ThaW is still in
sane, still suffering from persistent de-
lusions, and as much paranoiac as on
| the night he shot Stanford White.
The order for Thaw's commitment
viii be presented to Justice Mills to-
morrow morning by Deputy Attorney
General Ezra P. Prentice and Attor-
ney Morschauser will then have
|
modification. Such action, however.
will, it is believed, be purely formal in
view of the decisive nature of the opin-
ION handed down today.
Thaw, waiting in the White Plains
| jail, at the rear of the court house,
where the decision was filed, received
the news with an outward calmness
which appeared. however, more forced
| than real The members of his family
and his attorney seemed stunned by the
| thoroughnesS of their defeat. Thaw de-
clined to give out any extended state
ment, contenting himself with the as
sertion that he was not disheartened
END would at once continue his fight for
liberty.
My next efforts viii ne centered up
on the court of appeals, through which
| expect to secure hearing before a
| jury in my effort to have my commit
ment t. MatteaWan set aside"
The case before the court of appeals
to which Thaw referred, is one which
| has been under consideration for some
| time. 1t came before Justice Mills last
October when Thaw applied for an or
der setting aside his commitment on
the ground that the court which COM
mitted him was without power to is
| sue such and order, inasmuch as Thaw
| at the time was not on trial on a
question of sanity. At the same time
he asked to have the question of his
| mental condition submitted to a jury
When Justice Mills promptly denied
| this application, The case was carried
to the appellate division, which sus-
tanned Justice Mills Thaw's attorney
| has already made a second appeal and
it is upon this appeal that Thaw says
his effort will now be entered. In his
| opinion today, Justice Mills reached
three formal conclusions:
That Thaw was insane when he kill
ed White: that he has not yet recov-
cred: and that public peace and safety
would lie endangered by setting him at
large. He upholds District Attorney
| JeromeS arguments that Thaw still
cherishes decisions regarding the prac-
tees of Stamford White and his asso-
GATES. He characterizes Evelyn Thaw's
| account of the Madison Square tower
ROOM and similar stories about White
told at the sanity hearing as "Wilfully
and grossly improbable, evidently to
any normal mind grossly exaggerated"
He asserts his belief in the testimony
of Susan Merrill regarding Thaw's al
| legged pervert practices. and points out
the contrast between Thaw's chival-
rOus attitude as a protector of young
American wOmanhood and his private
life
Justice Mills expressed deep sympathy
for Mrs Mary Copley Thaw, the prison
erS mother, and her exposition of the
horrors of Matteawan" on the stand
evidently prompted his expression that
Thaw be allowed greater privileges at
that institution. At the same time he
gently chided Mrs. Thaw for her censure
of District Attorney Jerome.
Not the least significant sentence in
Justice Mills decision, in the opinion Of
lawyers here, is one which declares
that Thaw's "delusions had become fixed
majority" 1t is pointed out that this
sentence may afford grounds for proceed
ings by Mrs Evelyn Thaw for the annul-
ment of her marriage.
II Late tonight Mrs Mary c. Thaw. after
talking over the situation with her son.
wrote out a statement for The Assoclat-
ed Press in which she said:
II Let no one imagine for a moment on
reading this opinion of Judge Mills that
II means a victory for the district attor-
ney of the county of New York.
II Every prop was taken from under that
arrogant, vindictive prosecutor of an ac-
/ quilted man.
/ 1T is impossible to fathom the work.
iEgs of the human mind and so the rea-
son for this totally unexpected and cruel
action of the trial judge must remain
mystery. 1
Il Meanwhile my son, my daughter and
I have no alternative but to take up again