Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1909-08-12
SENT BACK TO .MATTEAWlAN.
First Importance Given to His
Family and Childhood
History.
Opinion Notes His Facial Expression
During Last Afternoon OF Testimony
Speaks of Prisoners Mother

White Plains, N. X, Aug. 12.-The
state of New York won d complete VIC
tory over Harry K. rhaw today wieii
Justice Isaac n, Mills decided that 4 Ii III
slayer OF Stanford White was stiIl5E,.
sane and sent him back to the asylum
for the criminal insane at Matteawa5,. z
NO CONVENTIONS SUSTAINED.
Not one OF the many contention
made by Thaw during the three weeks
of his recent hearing was sustained. He
is. however, somewhat better off than !.
before he brought the present suit be-
cause Justice Mills in his{decision sug-
gests-and the suggestion amounts
practically to orders-ttat Thaw at
MatteaWan be restored to the priv
1leges he enjoyed during the first three
months OF his stay there. and that his
mother be allowed all the possible
privileges and treated with every con
slderation when she calls to see him.
Tha@ will remain in the Jail at least
until tomorrow, when his attorney ,,,l,
I be given a chance to4make any formal
motions before Justice Mills at his
chambers in Mount Vernon N. Y.
a. ne prisoner took the decision cody.
-. rs o'liyi statement was a denial or
the assertion in the court,s9 oIin;o,,s85
that he still cherished the same ,delII.
slons that drove him to shoot White
In formal language Justice Mills, de-
| clsloii dismissed the writ Of habeas
corpus Us sundersWhich Thaw applied for
ms liberty and "remanded him to the
custody of the defendant, CDR. Robert a
| B.3Lamb, superintendent Of Ma,teaTa,,
state HOSPITALITY -
| T Al " a .
In concluding that Thaw is now in
sane, the court gives first importance e
to his family and childhood historv
His determination that the sprisoner
mas not yet recovered is based prin3
cipally on the opinion or Dr. Amos
BAKER. assistant superintendent Of
Matteawan asylum. "All such authorl-
I, !, u oss says Justice Mills, ARE public
| officers with no conceivable motives
except to do their duty" q
Ihe. court SAYS it was more con-
vinced by the testimony of the allie
hlsts called for the state than by tina,
o. a.. tne prisoners experts. Regarding
DE- 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 to my
mind did not entirely succeed in so
! doing Il I,9
Thaw evidently made bad impress
! sion on the judge by his actions both
on and off the witness stand.
! THAW's FACIAL EXPRESSION.
The opinion calls particular atten-
| ton to Thaw's facial appearance 5es-
| pecially during the last afternoon OF
| the testimony. when for 20 minutes
| he SPOKE in justification of This ex-#
! travagant belief as TO Whites conduc.
] with certain woman
An unusual paragraph III Justice
| Mills opinion is devoted to Mrs
| Mary Copley Thaw, the prisoners
| mother. The court says:
| While paying this regard to IL
Baker the court is by no means sat s.
fled with the treatment which Tht.w
1 has received at Matteawan since his RI.
/! turn there III October last. after his
unsuccessful attempts in the court:
| then to obtain his freedom. No on.
| could help being greatly moved by tie
| manifestly unfeigned distress of thu
mother when, as witness. she mar
| rated that treatment telling, how, after
| his return to the institution. he IVES
| refused his former comfortably fur
nished room. compelled nightly to eun-
| dress IN the ward in the presence of 80
or more unquestoned lunatics, to pass
| through the infirmary between rows of
| cots with the sick in them. to his room
| with the bed as it's sole article of fur
1 niture and remain there in darkness 10
| hours from S p. m.
.In considering this narrative, doubt:
| less allowance must be made for the
effect on the mothers feelings. It must
| pital as u criminal to undergo punish