The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-08-13
MOTHER GIVES STATEMENT II
WARMLY SCORING JEROME
Prisoner Takes Justice Mills
Decision Coolly,
Court, However, Orders That Thae
he Restored to the Prfvflexea
of First Three Months
At Asylum.

"Hito fLoahs' ~ q, aug. AS--f1atHX
X. Thaw's latest attempt to gain hif
liberty met with complete defeat to-
day when Supreme Court Justice Isaac
n. Mills dismissed the writ OF habeas
corpus ana declared that the releases
of the petitioner would be dangerous
to the public peace and safety
The. signing of the order sendinE
Thaw back to Matteawan. a formaiity
which Is scheduled to take place to-
morrow morning In Justice Mills'a
chambers at Mount Vernon, II all that
latest appeal to the courts.
There 10 no crumb of comfort for
Thaw In the opinion handed down nv
Justice Mills today. All the contentious
OF his old adversary District Attorney
Jerome. are supported. and 1t IL de-
clared that Thaw is still insane. suf-
rering from persistent deiusions. and
still as much q paranoiac as ON the day
he shot Stanford White.
The order for Thaw's re-commiftal
will be presented to Justice Mills to-
morrow morning by Attorney General
Ezra p. Prentice and Attorney Mor-
schauser will then have a chance TO op~
pose 1t or strive for "a modification.
Such action. however, will. II 10 be-
lieved. be purely formal In view of this
decisive nature OF the opinion handed
down today.
Thaw, waiting In the White Piafna
jail, at the rear of the court house
where the decision was filed. received
the news with an outward caimneaa
which appeared. however. more forced
than real. The members OF HIS family
and his attorney seemed stunned by
the thoroughness OF their defeat. Thaw
declined to give out any extended
statement, contenting himself with thu
assertion that lac was not dishearteaea
and would at once continue his nghx
for liberty.
Anticipates Next Battle.
MY next efforts" he said, will he
conferred upon the Court 81 Appeals
through which. expect 20 secure 4
| hearing, before a Jury In my effort To-
have my commitment TO Matseawan set
The case before the Court Of Aps
peals. to which Thaw referred. IL one
which has been under CONFEDERATION for
some time. It came before Jnstice
Mills last October when Thaw applied
for an order setting aside his COM
mitment on the ground that the court
that committed him was without power
to issue such'san orier. He was npE
on trial for his sanity. At this same
time, he asked to have the question Of
his mental condition submitted 10 y
jury. When Justice Mills promptly de-
MED this application. the case was
carried to the Appellate Division.
which sustained JeStice Mills. Thaw'g
attorney has already made second
appeal and 1t Is upon this appeal that
Thaw says HIS efforts will now b.
based.
Justice Mills. In his opinion today
reviews three formal conditions:
That Thaw was insane when he
killed White: that he has not vet re-
covered; and that public peace and
safety would be endangered by seftin&
him at large"
He upheld District Attorney yerome'a
contentious that Thaw still cherished
decisions regarding the practices OF
Stanford White and his associates He
characterizes Evelyn Thaw.s tale %
the Madison Square tower room and
similar stories about White. told at the
sanity hearing, as wild and grossly
improbable. evidently to any normal
mind grossly exaggerated" He as
serts his belief in the testimony o.
Susan Merrill regarding Thaw's an
legged pervert practices. and points Gus
the contrast between Thaw's chivalrouH
attitude as Il protector Of young Amer
lean woman hood and his private life.
Gently Chides Mrs. Thaw.
Justice Mills expressed deep SYM
pathy for Mrs Mary Copiey Thaw, this
prisoners mother. and ner exposition
of the horrors OF Matteawan" on the
stand. evidently prompted his recon-
mendations that Thaw be allowed
greater privileges at the asylum. ~
the same time he gently chided Mrs.
Thaw for her censure of District AttoF
new Jerome, of whom he said:
1T find no evidence OF heartlessneas
or undue zeal on his part"
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 and established prior to the time
Of his marriage.
IT is pointed out that this sentences
may. II desired. prove grounds for pro-
ceedings by Mrs. Evelyn Thaw for the
annulment of her marriage.
Thaw was visited late today BY his
attorney. Charles Morschauaer. and ny
his mother and his sister Alice, the
former Countess of Yarmouth. Late
tonight. Mrs. Thaw. after talking over
the situation with her son. wrote out
the following statement for the Assoc
ciated Press:
'T,et no one Imagine for a moment on
reading this opinion OF Judge Mills.
that It means a victory for the District
Attorney for the City of New York. Ono
by one the decisions with which he and
his alientsts started out were proven,
each by the mouths OF several witt
nesses. to be stubborn facts. that would
not bow down at his bidding.
Calls Jerome Names.
every prop was taken from under
that arrogant. vindictive. prosecutor Of
sane. acquitted man.
80 baffied was he that when he roee
TO make his closing speech (gor argH-
ment It was notl. he had more the ap.
uearance OF a school boy kent IN 70
saw his piece. than some mature soph-
ist who dominates the courts OF his
own judicial district, except when
wealthy malefactors are under trial.
TT Is impossible to fathom the work.
uEs OF the human mind. and 70 the
reason for the totally unexpected ana
cruel decision OF the trial Judge nerss
remain a mystery.
Meanwhile my son. my daushtsr ana
I have no alternative. but to take up
again the burden had every reason TO
neIieve was nehind us forever. Wa.
exiied from our two homes and all tho
regular flow OF life. will remain close
to the gate and so help the son ana
brother TO endure an existence. witch.
| mould he FAR VP0FMa fHta 4