Los Angeles herald., 1909-08-13

from Thaw indirectly through the Jail
physician, DR. William j. Meyers.
Thaw told him, DR.. Meyers said, that
while he was disappointed by Justice
Mills decision he had no intention of
giving up the fight.
Il am determined to make my final
effort to get a trial by jury said
Thaw.
MANY things have been done in this
case that should not have been done
and much has been left undone.
But l have been in the hands OF
! my counsel throughout"
DR.. Meyers said Thaw was taking
the Smatter calmly and seemed in no
danger of a breakdown.
Declared Insane
The state of New York won a com
plete victory over Harry X. Thaw to-
day when Justice Isaac n. Mills de-
cided the slayer of Stanford White was
still insane and sent him back to the
asylum for the criminal insane at
Matteawan.
Not one of the many contentious
made by Thaw during the three weeks
of his recent hearing was sustained.
/ He is however, somewhat better off
than before he brought the present
suit, because Justice Mills in his de-
cision suggested-and the suggestion
| amounts virtually to orders-that Thaw
at Matteawan be restored to the privi-
| leges he enjoyed during the first three
months of his stay there, and that his
mother be allowed all the possible
| privileges and treated with every con-
sideration when she calls to see him.
Thaw will remain in the jail at least
until tomorrow, when his attorney will
be given a chance to make any formal
motions before Justice Mills at his
! chambers in Mount Vernon.
The prisoner took the decision coolly.
/ His only statement was a denial of
| the assertion in the courts opinion
! that he still cherished the same delu-
sions that drove him to shoot White.
Reviews Childhood History
/ In formal language Justice Mills
/ decision dismissed the writ of habeas
/ corpus under which Thaw applied for
| his liberty and "remanded him to the
| custody of the defendant"-Dr Rob-
| ert B. Lamb superintendent of Mat
| teawan state hospital.
| 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 princl-
pally on the opinion of DR.. Amos
| Baker, assistant superintendent of
Matteawan asylum.
IAN such authorities" says Justice
| Mills. "are public officers, with no con-
| ceivable motives except to do their
| duty"
| The court says he was more con-
! vinced by the testimony of the alienists
called for the state than by that of the
| prisoners experts.
| Regarding DR.. Britton D. Evans. he
! says; He experienced great difficulty
| in reconciling his present opinion with
! his previous attitude in connection with
the homicide trials, and. to my mind.
did not entirely succeed in so doing"
! Thaw evidently made a bad impress
sion on the judge by his actions both
on and off the witness stand.
Mothers Grief Moves Court
he opinion calls particular atten-
tion to Thaws facial appearance. espe-
clally during the last afternoon of the
testimony, when for twenty minutes
spoke in justification of "his ex-
travagant belief as to Whites conduct
with a certain woman"
An unusual paragraph in Justice
MilIs opinion is devoted to Mrs. Mary
Copely Thaw, the prisoners mother
The court says:
while paying this regard to DR.
Baker the court is by no means salts
fled 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 moved by the
manifestly unfeigned distress of the
mother when, as n witness, she mar
rated that treatment telling how, after
his return to the institution, he was
refused his formerly comfortably fur
nished room, compelled nightly to un-
dress in the ward in the presence of
fifty or more unquestiOned lunatics, to
pass through the infrmary between
rows of cots with their sick in them to
his room with a bed as its sole arti-
Gle of furniture, and remain there in
darkness 10 hours, from s p. m, till
morning
Thaw Is Not Criminal
considering this narrative, doubt
less allowance must be made for the
effects on the mothers feelings 1t
must be understood that Thaw is not
i'm the hospital as a criminal to under
go punishment. The jury. the supreme
authority in the matter, has by it's
verdict declared Thaw innocent of any
crime in the matter of the homicide:
and that verdict must be respected at
least by all public officials. In the
hospital be 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 ultimately be cured,
however great or small that hope
really may be.
1T is we'll, doubtless that care
should be exercised by the authorities
that Thaw be not favored because of
the wealth and social position of his
family. 1t is equally well, however
that care be exercised that he be not
treated any worse on those accounts.
IT may well be that this court in the
exercise of its plenary chancery powers,
has the authority by order to make
specific directions as to the treatment
of any inmate in such an institution.
Commends Jerome's Course
However that may be, I want to
suggest to the authorities there that
when he is returned to their custody
the privileges, so-called, which he was
permitted to erioy in his first three
months stay. be restored to him, if
such a procedure be not found to be
clearly Incompatible with due disci-
pline; and further. that this venerable