Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-08-08
THAW AWAITING FATE
Sanity Case Now in Hands Of
Judge Mills.
TO KNOW THURSDAY
Court Expected to Hand Down De-
cision That Day.
ARGUMENTS ARE PRESENTED
Resort to State Court Of Appeals
Expected If Decision Is
Against Prisoner.
ARE PRESENTED

WHITE PLAINS, n. Y. August I'm
a cell at the White Plains jail harry
K. Thaw awaits the decision that VIII
hold him sane or declare him iunatlc.
The. hearing in the supreme court In
the shabeas corpus proceedings against
the state OF New York ended this AFTER
noon when his attorney. Charles Mors-
chauser summed up his case. District
Attorney Jerome preceded INF. Mors-
chauser this morning. Justice Isaac n.
Mills said that he will endeavor to
hand down his decision on Thursday
morning next.
Mrs Mary Copley Thaw. the prisoners
mother, with her daughter Alice. the
Countess of Yarmouth, and her son and
daughter-in-law, Mr.. and Mrs. Josiah
Thaw. will remain here until Harry
Thaw's fate is settled. Their movements
after that will be governed largely by
Justice Mills decision.
Thaw's mother and his brother and
sister have not missed a day in court
since the hearing began, and Mrs. Thaw's
statements show that il this case goes
against her son she will lose no time
in trying to free him by other means.
While habeas corpus actions like the one
". it is likely, ii Justice Mills rules
against him, he will hang his hopes next
upon the state court Of appeals. An app
peal to this tribunol from a decision OF
the appellate division unfolding Justice
Mills refusal to lay the question OF
ThaWs sanity before a jury now pend
ing.
Addresses Were Temperate.
The addresses Of District Attorney
Jerome and Mr.. Morschauser today were
alike free from the outbursts of oratory
that characterized the two homicide
trials.
The district attorney was particularly
temperate. Mrs Mary Thaw's personal
attacks on him were passed without men
ton, and Of Thaw himself Mr.. Jerome
spoke pityingly as 'that poor boy"
Only two witnesses among several hum
dred that testified for Thaw at his trials
and hearings were picked out by Jerome
for rebuke. These We're Evelyn Mesbit
Thaw and DR.. Britton D. Evans, Thaws
chief alienist. Without raising his voice.
but in the frankest language. the district
attorney said that in his belief Thaw's
pretty wife had deliberately and will
fully falsified." His attack on DIR. Evans
after their skirmish yesterday was not
unexpected.
Mr. Morschauser in his summing up re-
viewed the evidence more In detail. One
Of his arguments was personal one
that had not hitherto been offered.
II have been Mr.. Thaw's attorney for
year." he said, in substance. land we
have had a great many defeats. If he
had been as suspicious as has been stat
ed. IL he had had any decisions regard
ing combinations against him, would not
he have gotten rid of me?"
No Sympathy for Evelyn.
Evelyn Thaw came in for condemnation
from both attorneys. Mr.. Morschauser
said that the reluctance she expressed to
testify Of Thaw's alleged threat to shoot
her was all assumed. He said that on
the night before she testified she had con-
suited with DR.. Austin Flint in Mr..
Jerome's ONCE and had formed q COM
bination with the alienist against her
husband. Mr.. Morschauser concluded
with denunciation of Stanford White
and an appeal for Thaw's mother that
left tears on his own cheeks.
The district attorneys summary lasted
an hour and thirty-five minutes. Mr..
Morschauser talked for two hours and
fifty minutes. Mrs. Thaw emphasized
forts by reading magazine straight
through his argument. When her sons
attorney began she laid the pamphlet
aside and listened intently. She and her
son whispered together. ana twice IhaW
wrote notes. apparently at her dictation,
and passed them to his lawyer.
Thaw's pale face remained impressive
under both Jerome's contemptuous pity
and Morschauser's praise. Apparently
relaxing after the strain Of being on the
stand. he sat with listless face and limbs
relaxed.
There was some talk Of taking Thaw
back to Matteawan today, but Justice
Mills allowed him to remain in the local
Jail until his application Is decided.
Thaws successive attempts to obtain
his release by habeas corpus proceedings
have started talk of movement to
amend the state insanity law so as to
define a certain period that must inter-
vene between such efforts by a patient Of