New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-03-08
THAW WANTS NEW TRIAL
This fact Disclosed in Shearn'S
Letter of Protest to Governor.
HITS MATTEAWAN OFFICIAL
Saws Mrs. Thaw Lost Privileges
Because Harry Reported
Abuses in Asylum.

Clarence j. shearn. attorney for Harry
K. Thaw. delivered 70 Governor DIX IN
Albany. yesterday afternoon letter pro-
testing against certain instances ~ neg
lect OF duty. maladministration Of Office
and abuse Of power on the part Of the state
Superintendent OF Prisons and the presi-
dent OF the State Commission in Lunacy in
connection with the management OF the
Matteawan Insane Asylum" in which MS
client is confined The letter disclosed the
fact that Mr.. Shearn was preparing for an
other trial in court upon the issue or
Thaw's present mental condition. and main
tanned that proper preparation for this
trial was being hampered by an arbitrary
order issued with the full knowledge or
Superintendent Lamb prohibiting Thaw
from having any conference with hts law
yer's represent ative except in the presence
OF a keeper and requiring that all letters
between Thav and his counsel should BE-
read by the hospital authorities.
The only reason advanced by the authori-
ties for this order. the like Of which had not
before been made or enforced against ThaW
during the entire period OF his confinement
according 10 the letter, was the feet That
Thaw was responsible for investigations
into the assault upon Andrew Anderson. an
inofensive inmate. by an attendant named
Mcdonald. which occurred in September
and into the suspicious death Of another
inmate. John j. Nugent. on February g.
The only result q Thaw's activity in
bringing these matters to the notice of the
superintendent and other hospital authori-
80 hal To -rfr O.
sentiment on their part. which found eX-
preston not only IN the order mentioned,
hut In another notifying Mrs. Thaw tnat
thereafter she would be permitted 70 visit
her son only twice a week in the open
corridor, instead OF daily in the little coun-
sci room. as had been her harmless habit
for nearly three years.
THAT complaints Of brutality pracfised
upon the helpless inmates Of state hos
pital for the insane wrote Mr.. Shearn,
should Re neglected for dve months, ana
that Q patient should be permirtei 70 he
punished for venturing to call official at
teution 20 such abuses is a depi0raole ana
repre- hensible condition OF things
In conclusion, il should be- borne IN
mind that Judge Mills said on the occasion
of the last commitment:
1T must be understood shat Thaw -
not al the hospital as a criminal to under
go punishment. The jury. the supreme
authority I'm the matter. has. by its YER
dict. declared him innocent OF any crime
I'm the matter Of the homicide and their
verdict must he respected. at least by all
public officials
Furthermore. Presiding Justice jerks,
VI the Appellate Division. said in the same
connection: Such q commitment IS not
for the punishment of such defendant
for there can be no punishment FOR him
who has been acquitted
Il am confident that you will take prompt
and effective action in the premises. In
the mean time. protest against the enforce
ment OF these arbitrary ami unjust orders
against Mrs. TEaw visiting her son. as she
mad heen permitted 10 do for years past,
and against Interference with Thaw's mail
and with his right 10 consult counsel "