Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-08-13
Dismisses the Writ of Habeas Cor
pus Under Which Thaw En-
deavored to Secure His Release
From Matteawan.
CALLS HIM PARANoIAC;
TRACE OF INSANITY
IN ANCESTRAL STOCK
Two Uncles on Maternal Side,
Aunt on Fathers Side and More
Remote Relatives Were Insane,
Says judge.
By Associated Press.)


nate OF New York won a complete vic
DRY over Harry k ThaW today when
Justice Isaac n. Mills decided that the
Layer ca stanford White is still insane,
and sent him back TO the criminal insane
asylum at Matteawan. Not one Of the
many contentious made by Thaw during
he three weeks OF his recent hearing
we're sustained.
He Is. however. somewhat better on
han before he brought the present suit.
because Justice Mills in his decision sug-
yests-and the suggestion amounts prac-
ically 70 orders-that Thaw at Mattea-
wan be restored TO the privileges he en-
oyed during the first three months OF
ais stay there. and that his mother be
allowed all the possible privileges and be
reated with every consideration when
The calls TO see him
Thaw viii remain at the jail at least
Intf tomorrow. when his attorney will
se given a chance TO make any formal
notions before Justice Mills at his cham
sers IN Mount Vernon
TAKES DECISION COOLLY.
The prisoner took the decision coolly.
ais only statement was a denial OF the
assertion in the courts opinion that he
ufn cherished the same delusions that
lrove him TO shoot White.
In formal language Justice Mills de-
hsion dismissed the write OF habeas cor
gus under which Thaw applied for his
sberty, and ''remanded him to the Gus
pdy OF the defendant CDr. Robert B.
Lamb, superintendent of Matteawan State
aospitaD. whence he was produced
here"
In concluding that Thaw Is now insane
ne court gives first Importance TO his
amiIy and childhood history. His de-
termination that the prisoner has not
ret recovered Is based principally on the
Z opinion Of DR.. Amos Baker. assistant SUI
Derintendent OF the Matteawan asylum
"Au such authorities says Justice
Mills are public officers. with no con-
pefvabIe motives except to do their du-
les"
The court SAYS that it was more con-
rinced BY the testimony Of the alienists
safiea for the state than by that Of the
prisoners experts. Regarding DR.. Brit
on D. Evans he says:
He experienced great difficulty in re-
conciling hts present opinion with his pre-
vious attitude in connection with the
homicide trials. and TO my mind did not
entirely succeed in so doing"
TIIAw's IMPRESSION BAD.
Thaw evidently made bad impression
upon the Judge by his actions both on and
off the witness stand. The opinion calls
particular attention to Thsw's facial az
pearance. especially during the last after
noon OF his testimony. when for 20 min
utes he spoke IT. justification Of his ex-
travaEant belief as TO Whites conduct
with a certain woman"
An unusual paragraph in Justice Mills
opinion is devoted 10 Mrs. Mary Copley
Thaw. the prisoners mother. The court
SAYS
while paying this high regard to DR..
Baker. the court Is by no means satisfied
with the treatment which Thaw has re-
ceived at Natteowan since his return
there in October last. after his unsuccess-
fuI attempt in the courts then to obtain
his freedom
NO one could help being greatly moved
by the deen and r,anifestly unfeigned dis
tress OF the mother when. a witness.
she narrated rat treatment. telling how.
after his return IN October last, TO the IN
stftution. ne was refused his former COM
fortabIy furnished room. compelled night
" 20 undress In the ward in the presence
OF fhIy or more unquestioned lunatics, TO
pass then through the infIrmary. between
rows OF cots with the sick in them, to
his room with the bed as its sole article Of
furniture. and remain there in darkness
ten hours from p. m
ALLOWANCE FOR MOTHER.
In considering this narrative doubtless
allowance must be made for the effect Of
the mothers feelings II must be I'M
derstood that Thaw Is not In the hospital
as a criminal to undergo punishment.
The Jury. the supreme authority In the
matter has by its verdict. declared Thaw
innocent Of any crime In the matter Of
the homicide: and their verdict must be
respected. at least by all public officials.
- A.
an unfortunate person afflicted with men
tai arrangement. there not to be punished
for any crime. but solely 10 be cared for.
protected and guarded so that he may not
iufure another or himself. but always
with the distinct hope that he may ulti-
rnately be cured. however great OF small
that hope really be-
CALLS HIM PARANOIC.
After discussing the evidence JUS
tice Mills draws the following conclu-
sIons:
First conclusion: The insanity with
which Harry X. Thawt was afflicted
on June Is. 1905. at the time he com
mftted the homicide. was Of the kind
known as chronic deiusive insanity OF
paranoia This conclusion rests upon
the following facts. which appear q
me to be clearly proven:
INSANITY AMONG ANCESTORS.
There was. in his ancestral stock. 4
substantial but not very strong trace
OF insanity. BY not very strong Is
meant the fact that no one OF his
direct ancestors was ever insane Upon
the maternal side two uncles were Of
unsound mind. except at least for 4
portion OF his life; and on mis- fathers
side an aunt was at least an epileptiC
and perhaps insane; and some mare
remote relatives were undoubtedly in
sane. though as TO them the evidence
Is not clear, but there had been in
sanity in one OF their ancestral lines
not common 10 the prisoners own de-
scent As a young child he was phys
icaliy weak and puny. exceedingly ner-
vous and abnormally willfuL Older, he
vas subject 10 violent spells amount
ing almost 10 parOxysms OF excite
nent without any natural cause. He