Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-08-09
THAW'S FATE Pending.

White Plains, N. Y, Aug. SIN a cell
at the White Plains Jail, Harry X.
Thaw awaits the decision that VIII
hold him sane or declare him lunatic.
The hearing in supreme court OF hla
habeas corpus proceedings against the
state of New York ended Saturday af-
ternoon. when his attorney, Charles
Morschauser, summed up his case. Dis
trict Attorney Jerome preceded Mr..
Morschauser in the morning. Justice
Isaac ~ Mills said that he will en-
deavOr to hand down his decision on
Thursday morning next.
Mrs. Mary Copley Thaw, the prison
er's mother, with her daughter Alice,
the former Countess of Yarmouth, and
her son and daughter 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 de-
cision.
Thaw's mother and his brother and
sister have not missed day in court
since the hearing began, and Mrs.
Thaw says that if this case goes
against her son, she will lose no time
In trying to free him by other means.
Though habeas corpus actions like the
one just closed are open to Thaw in
definitely, it is likely that if Justice
Mills rules against him he will bring
his hopes next upon the state court Of
appeals.
An appeal to this tribunal from a
decision of the appellate division up
holding Justice Mills refusal to lay the
question Of Thaw's sanity before jury
is now pending.
The summing up of District Attor-
ney Jerome and Mr.. Morschauser Sat
urday was free from the outbursts of
Oratory that characterized the two
homicide trials.
The district attorney was particul-
larly temperate. Mrs. Mary c. Thaws
personal attacks on him were passed
without mention. OF Thaw himself
MIR. jerome spoke pityingly as that
poor boy" Only two witnesses. among
several hundred that testified for
Thaw at his trials and hearings, were
picked out by Jerome for rchuke These
We're Evelyn Thaw and DR.. Britton D.
Evans, Thaws chief alienist The dis
trict attorney said that in his belief
Thaw's pretty wife had deliberately
anu Wiuuily IdISlIieu.
His attack on DR.. Evans after their
skirmish Friday was not unexpected.
in his summing up, Mr.. Morschauser
reviewed the evidence more in detail
One Of his arguments was stated; if he
had any decisions regarding the hear
ing
Il have been Mr.. Thaw's attorney
for year" he said in substance, land
we have had great many defeats If
he had been as suspicious as has been
stated; II he had any decisions regard
ing combinations against him, would
not he have got rid of me-"
Evelyn Thaw came in for condemna-
ton from both attorneys. Mr.. Mors-
chauser said that the reluctance she
expressed to testify at the hearing OF
Thaw's alleged threat to shoot her, was
all assumed. He said that on the night
before she testified she had consulted
with Mr. Austin Flint in Mr. Jerome's
office and had formed a combination
with two alienists against her husband
Mr.. Morschauser concluded with a de-
nunciation of Stanford White and an
appeal for Thaw's mother that left
tears on his own checks.
The district attorneys summary last
ed l hour and 35 minutes Mr.. Mors-
chauser talked 2 hours and so minutes
Mrs. Thaw emphaized her opinion OF
Mr.. Jerome and his efforts by reading a
magazine straight through his argu-
ment.
When her sons attorney began she
laid the pamphlet aside and listened
lntently. She and her son whispered
together and twice Thaw wrote notes
apparently at her dictation and passed
them to his lawyer. Thaws pale face
reniaihed impressive under both Je-
romes cOntemptuous pity and Mors-
chausers praise.
Apparently relaxing after the strain
OF being on the stand, he sat with list
less face and limbs relaxed. There
was some talk of taking Thaw back to
Matteawan Saturday. but Justice Mills
allowed him to remain in the local Jail.
until his application is decided. Thaw's
successive attempts to obtain his re-
lease by habeas corpus proceedings
have started talk of a movement to
amend the state insanity law so as to
define certain period that must in
trvene between such efforts by a pa,
tient of state asylum.
The Congress that made the so-called
Wilson tariff got aWav from Wash;nptop