The Bridgeport evening farmer., 1909-08-12
THAW IS
 INSANE Justice Mills Files Decision Sending Him Back to
 Matteawan WILL NOW SEEK
 TRIAL BY JURY Morschauser Says He Is Not Surprised at the
 Finding Thaw Sullen When Informed But Will Not Give Up
 the Fight.
Special from United Press0

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 Special from United Press3
 White Plains, N Y., Aug. 12.-Harry K. Thaw was today sent back to Mat teawan to be held as an insane man. Justice Isaac Mills today filed his de- cision, denying Thaw's application for release and ordering his return to the mad house from which he has been fighting for freedom since he was sent there by Justice Bowling at the end of his sensational murder trial when he was. acquitted on the grounds of insanity.
 minous document, reviewing all the testimony taken at the three weeks trial
 The decision was filed with the clerk of the court here at g o'clock this smornfng. It is believed that Thaw will immediately continue his fight for free dom, his plans being an effort to se- cure some justice who will hear his writ of habeaS corpus before jury. Justice Mills former refusal to allow a jury trial is now in the higher courts of appeal. Thaw's attorneys desire. more than anything else, a jury trial, believing that in that way they can free the prisoner.
 deci-ion announces Justice Mills con- clusions-as follow s.-------4 ---s,--s-1z-z--y.
 First-The insanity of which Harry K Thaw was afflicted on June 25, 1906, when he killed Stanford White, was of the kind known as chronic delusive insanity, or paranOia-
 Second-Harry K. Thaw has not yet recovered from his insanity. In sup
 port of his first conclusion, Justice Mills quotes the testimony regarding Thaw's ancestry and the testimony re- garding his boyhood. In this connec- tion he brings Thaw down to the time of his manhood and says Although Thaw was- himself evil dently far from a moral man and was
 engaged in practices of a perverted nature, as revealed by the testimony of
 the Merrill woman. who appeared creditable. he established absolute pre- cedence to the tales told him about White."
 Justice Mills says that SThaw's belief in the stories of Whites practices is plainly a delusfon, not based on facts as Thaw's attorneys sought to show Mills also characterizes as delusions Thaw's belief that his lawyers and alienists were engaged in a conspiracy to railroad him to Matteawan. All these "delusions' Mills declared, plain ly indicate the paranoiac.
 Justice Mills conclusions are based entirely on the evidence of alienists. Justice Mills says regarding Thaw's treatment at Matteawan:
 '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 unsuc- cessful attempt in the courts then to obtain his freedom. No one could help manifestly unfeigned sorrow of the mother, when as a witness she nar- rated the treatment. It must be under stood that Thaw is not at heart a criminal to undergo punishment 'The jury, the supreme authority in | the case, has by its verdict declared | him innocent of any crime in the mat | ter.
 | at least by all public officials In the | hospital he must be regarded as an | unfortunate person afflicted with men,
 tai derangement. there not to be pun
 ished 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 be cured ultimate
 ly. however great or small that hope
 may really be. It is well, doubtless, l that care should be exercised by the authorities that Thaw be not favored
 because of the wealth and social posi- tion of his family. It is equally well, | however. that care be exercised that
 he be not treated any worse upon | these accounts"
 The decision ends with the statement
 that "The enlargement of Harry K Thaw wOulSM&R dangerous to the com
 munity and he is therefore remanded
 to Matteawan Asylum whence he was produced before this court" | TFAw IS SULLEN. White Plains. N. Y., Aug 12.-Sullen | and silent in his cell at the White | Plains jail, Harry K. Thaw received | the news that he must go back tc
 Matteawan and that his last fight for
 freedom had ended in defeat The news seemed to stun him and he asked | to be let alone. He would talk to no one but asked that his attorney | Charles Morschauser. be sent for at | once.
 In the little country hotel a few
 blocks away from the jail, Mrs. Mary Copely Thaw. the prisoners mother;
 the ex-Countess of Yarmouth. his sis
 ter, and Josiah Thaw. the brother sat
 together in the little sitting room | where the news was brought to them The mother retired to her room and denied herself to all callers
 | The family will make one more visit
 to Thaw in the jail here before he is
 sent back to Mattcawan. Justice Mills l will hear motions on his decision al his chambers in Mount Vernon to- | morrow. The Thaw family believed Harry would be freed and the decision came as such a shock to them that
 they have not yet decided what they