New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-08-13

testimony given by many entirely respectanle
on the prisoners part in the TomDs at MatteaMfan
snd an The Duchess and Mestcheser County JaIls
Is not Of commanding force. The ualls hete ~
ferred 10 are: % That the disease may be sun SUD
scted with P Fl csn, by Design, conceal his
l1sions for long periods at least u1t La1T IL
may not percepuby weaken the general a mfnts
powers 80 that the ml6d 9f u 6right especially
apart from matters connected with me i neuso t
and may even upon the basis OF the oelusi'e De-
liefs. reason logically and aeutely. =. ,,,,,
The great mass OF the lay wi sSsion 70 his
trouble, they termed it-that is The h9nlslqa s
act and his delusve beliefs. Those VINO dld WIN
him touch upon such matters did very lightly
Moreover, according TO his own statement ne re-
subjects and especially did he so refuse 10 Or.
Baker. However eminent the counsel VINO gave
mistaken must Sahi'e HAD Tkaw frankly answered DR.
Bakers questions al MAJ the DOCTORS atti
tude here might have been dinerenE ;., L.,
upon the matter affected by his delusons Is mani
fest and great For example, no one can al eus
read by himself, have done, the instructions
OF 1907 and here in evidence, and not be convinced
that the notes thereon, written by MN, are me
work OF unsound mind, charged with the ldea
that the killing of White an act OF Providence
The testirnony Of the aenists called for the de-
PENDANT As 10 the present condition seems 10 me-
those called FOR the prisoner It lakes fairly into
account the previous history as above stated, ana
own former attitude in the case. OF Thsws ex-
perts Dr. Evans experienced great dlficuliy in rec
tude in connection with the homicide trials, and To
From c1rnD Or. Harriss examination ii was
proven that he does not think that Thaw was ever
IS bound here 10 ASSUME that he was insane when
much impressed by the testimony OF The Local
expert, DR.. Schmid whose long ana great pra0tlss
insanity, real and suspected; whose SOUND, con.
sentative judgment thereon and whose emln oe,
oandor as witness have long been Wen h,o W.
30 and highly appreciated by me have nGI 'fs f
his observations or OF the sincerity OF his con-
ciusion: but upon the cross-exanlnatlon II a i
tuIi history of the case and. besides, he was nor
present in court 20 listen 10 the eNanl'hsuoh Oh
T-non NV own personal observation az the conduct
If Tbsu' his actions and speech in the courtroom.
pressed that he is now Of unsound mine. he w.
exceedingly nervous and very frequently ne, s
rupted his counsel with suggestions poh IN "a
,i.s5an Tbs, Ne holds his former beliefs the
oil practices Of White Just as extremely ana !usS
delusions IN his mind when ne committed the hoIni-
eide they the same now Nhile ne ma, hss n ny
81 of the same charaeter and ne1,neF III, S etree
with What he prsSionsy hS nry Of his examination
beliefs his facial appearance seemed 10 me not 10
be that Of sane person.
Justice Mills therefore concludes that the en-
lsrsenent OF Thaw would be dangerous To the
public peace and safety, and for that reason
cannot be permitted
GRANTS THAw HOSPITAL PRIVILEGES.
Not one Of the many contentious made by
Thaw during the three weeks of his recent hear
ing was sustained, but Justice Mills evidently
believes that the prisoner is better of than be-
fore he brought his suit, because he suggests
that Thaw at Mattea~an be restored TO the
privileges he enjoyed during the first three
months of his stay there. His opinion on this
point is follows:
Is nv satisfied with the treat
snent Thsw has received al Matteawan since his
1empf in the courts then 10 obtain his freedom. No
one could help being moved by the deep ano mani
witness she narrated that treatment, telling how.
after his in October last 10 the institution
he was refused his former comfortably FURNISHED
room, compelled nightly 10 undress in the ward IN
The presence OF nifty or more Gnqnesuoneo luhstes
10 pass then through the lnhrmarH. oet@een roes
of cots, with the sick in them, 20 his room with the
bed its sole article OF furniture and remain there
N in darkness ten hours. from p. m.
III IN considering this narrative, doubtless. allow
feelings. II must he understood that Thaw is not
81 the hospital IS criminal 10 undergo punish
nent. The jury. tho supreme authority in the mat
ter. has 10y It's verdict, declared him innocent ~
verdict must he respected Al least Inv an public
officials In the hospital he must be regarded
an unfortunate person, afflicted with mental de-
rsnsement, there not 10 be punished for any crime
hui solely 10 he cared for, protected and guarded
always with the distinct hope that he NAV ulti-
mately be cured, however great or small that hope
II is we'll doubtless care should be exercised
family. II rs equally well. however, that care b.
these accounts. II may well be that this court in
nc exercise OF as plenary powers has the
th7rty by order 10 make specific directions as ~
we treatment OF any inmate % such institution.
Justice Mills then suggests that Thaw be
SLOWED his former privileges, unless such pro-
ceoure be found 20 be clearly Incompatible with
discipline: and. further. that his mother be AT
ell times treated with the utmost possible con-
sideration. Referring 20 his action in permitting
MIS- Thaw 20 make at VIII her plea for her son,
ana IN SO doing TO give certain incompetent
testimony which embraced criticisms Of District
Attorney Jerome Justice Mills continued:
deem ii my duty 10 say that those criticisms
seem 10 me 10 he mistaken and unwar-a nted al
though doubtless sincere In The very complete
record before me ind no evidence Of any heart
iessness or undue zeal upon hts part; N he made
.t ihst he bs5s s by Ms d Thsw to the
,rssed from Matteswsn am confident that It was
conviction thet he would recover.
TREATED FAIRLY. SAYS THAw.
After Thaw had read and pondered the de-
cision he was asked for a statement 81 think
sustice Mills has acted conscientlously I'm the
whole matter" he said. He has treated me as
fairly he knew how. I'm not DISCOURAGED
I'm going 10 stick TO il. I'm the time will
come when ] convince everybody that am
not insane"
Thsw said that he felt like a new man after
bis stay in the White Plains Jail When his
counsel, Charles Morschauser. arrived at the
sail Thaw greeted him cordially, and told him
that he wanted him TO remain as his counsel
and to take a good rest before beginning any
new proceedings
Mr.. Morschauser Will appear this morning ar
Mount Vernon, when the formal order recon-
uniting Thaw TO Matteawan is signed by Justice
Mills He VIII probably file notice of an appeal