The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-08-13
THAW INSANE
AND WILL NOT
Be RELEASED
Lengthy Opinion by Justice
Mills in Which All the Facts
Were Reviewed.
PRISONER NOT CAST
DOWN BY HIS DEFEAT
YOUNG WIFE REFUSES TO De
CLARE HER PLANS REGARD
ING DIVORCE UPON ADVICE.

:, : :. :: = = :, :. :, :. = :. :: :. :. :. >
: New York, Aug. 12.-AIrs. Evelyn :
:. Thaw said today that she would :
: make no statement with regard to =
= possible divorce proceedings =
:. against Harry K. Thaw until she =
= had conferred vita her counsel. =
:: : : = = = = = = = = = = : = = ::
white Plains, \. Y, Aug. 12-The
state of New York won a complete vic
tory over Harry K. ThaW today. when
Justice Isaac n. Mills decided that the
slayer of Stanford White was still in
sane and sent him back to the asylum
for the criminal insane at Matteawan.
Defeated at All Points.
Not one of the many contentious maze
by Thaw during the three weeks Of his
recent hearing was sustained. He is,
however, somewhat better of than be
fore he brought the present suit, be-
cause Justice Mills in his decision sug-
gests-and the suggestion amounts prac-
tiCally 10 Orders-that Thaw at Mattea-
wan be restored to the privileges he
enjoyed during the first three months
of his stay there, and that his mother
be allowed ali the possible privileges
and treated with every consideration
when she calls to see him.
Thaw viii remain in the Sail at least
until tomorrow, when his attorney viii
be given d chance 10 make any formal
motions before Justice Mills at his
chambers in Mont Vernon, n. Y.
The prisoner took the decision coolly.
His only statement was a denial Of the
assertion, in the courts opinion, that
he still cherished the same decisions
that drove him to shoot White.
Writ Dismissed.
In formal language Justice Mills de-
cision dismissed the writ OF habeas cor
pus under which Thaw applied for his
liberty, and ''Temanded him to the Gus
tody of the defendant Robert B.
Lamb, superintendent Of Matteawan
state hospital.
In concluding that Thaw is now in
sane, the court gives first Importance
TO his family and childhood history.
His determination that the prisoner has
not Yet recovered is based principally
on the opinion of DR.. Amos Baker, as
sistaut superintendent of Matteawan
asylum.
"All such authorities" says Justice
Mills, ARE public officers, with no con-
Ceivablc motive except to do their duty"
The court says it was more convinced
by the testimony of the alienists called
for the state than by that of the pris-
Oner's experts. Regarding DR.. Britton
D. Evans, he says;
He experienced great difficulty in
reconCiling his present opinion with his
previous attitude in connection with the
homicide trials, and 10 my mind did not
entirely succeed in so doing"
Thaw Made Bad Impression.
Thaw evidently made a bad impress
sion on the judge by his actions both on
and OFF the witness stand.
The opinion calls particular attention
10 Thaw's facial appearance, especially
during the last afternoon of the testi-
mony. when for twenty minutes he
spoke in justification of "his eStrava-
CANT belief as to Whites conduct with
q certain woman.
The Mother Pitied.
An unusual paragraph in Justice
Mills opinion is devoted TO Mrs. Mary
Copley Thaw, the prisoners mother
The court says
"V-hUa having This regard to DR.. Baker
the court is by no means satisfied with
the treatment which Thaw mas received
at Matteawln since his return there In
October last fter his UNSUCCESSFUL at
tempts in the courts then 10 OBTAIN MS
freedom. No one could help being greatly
moved by the manifeSty untelsned DIS
trsss OF TIE mother when, as a witness,
she narrated that treatment, telling now.
after his return TO the Institution. he was
refused his former comfortably turnlsned
Continued on Page 5.