The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1909-08-12
Only Modification of His Con
dition Is More Liberty at
5y 5yli.s.. Matteawan &, g1
FAMILY HISTORY WAS BASIS
Of THE COURTS OPINION
Is Suffering From the Same Delu.
sions lie Had When He Shot Stan.
ford White-Thaw Took the Deci.
Sion Coolly ~ .1;a.iszI.a!s,4

White Plains, N. Y, Aug. 12-The
state of New York won a complete
victory over Harry K. Thaw today
when Justice Isaac N. Mills decided
that the slayer of Stanford White ia
still insane and sent him back to the
criminal insane asylum at Matteawan,
Not one of the many contentious made
by ThaW during the three weeks Of
his recent hearing were sustained. He
is, however, somewhat better off than
before he brought the present suit,
because Justice Mills, in his decision,
suggests-and his suggestion amounts
practically to an order-that Thaw
at Matteawan be restored to the
privileges he enjoyed during the first
three months of his stay there, and
that his mother be allowed all possi-
BILE privileges and treated with every
| consideration when she calls to see
him.
Thaw will remain at the jail al
least until tomorrow. when his attor.
ney will be given a chance to make
any formal motions before Justice
Mills at his chambers in Mount Yer.
non.
The prisoner took the decision
cody, his only statement was a de-
NAL of the assertion in the court'i
opinion that he still cherished tho
same delusions that drove him to
shoot White.
In formal language Justice Mills
decision dismisses the writ of habeaa
corpus under which Thaw applied for
his liberty and, "remanded him to the
custody of the defendant"-Dr. Robert
B. Lamb, superintendent of the Mat
teawan state Observation-Disclosures he
was produced here"
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 prin-
cipally on the opinion of DIR. Ames
Baker, assistant superintendent of
Matteawan asylum.
An unusual paragraph in Justice
Mills opinion is devoted to Mrs. Mary
Copley Thaw, the prisoners mother.
The court says:
"While paying this high regard to
DIR. Baker, the court is by no means
satisfied with the treatment which
Thaw has received at Matteawan
since his return there in October last,
after his unsuccessful attempt in the
courts then to obtain his freedom.
No one could help being greatly NOV
ed by deep and manisfestly un-
feigned distress of the mother, when,
as witness, she narrated that treat
ment, telling how, after his return in
October last to the institution, he.was
refused his former comfortably fur
nished room, compelled nightly to un-
;,, in fha "a
fifty or more unquestionable lunatics,
pass them through the inflrmary, he
tween rows of cots with the sick in
them, to his room with the bed assfts
sole article of furniture, and remain
there in darkness ten hours from s
p. M.
elm considering this narrative,
doubtless allowance must be made
for the effect of the mothers feel
ings. 1t must be understood that
Thaw is not at the hospital as q Grim
inal to undergo punishment.
'The jury, the supreme power in
the matter, has by It's verdict, declar-
ed Thaw innocent Of any crime in the
matter of the homicide. And their
verdict must be respected, at least by
public officials. In the hospital he
must be regarded as an unfortunate
person afflicted with mental de.
rangement, there not to be punished
for any crime, but solely to be cared
for, protected and guarded SO that he
may not injure another or himself,
but always with the distinct hope that
he may ultimately be cured, however.
great or small that hope may really
ho ~