The Marion daily mirror. (Marion, Ohio) 1892-1912, 1912-01-16
DR.. Flint Will Ask Permis-
sion to Carry a Re-
volver.
He Says Thaw is as Crazy
and Dangerous Now as
Ever.
If He is Released viii Only he Qucs-
ton of Time Until Thaw VIII Kill
Someone Elsc-Wifc Won't Testify
Against Him Again.

Now York, Jan. lathe barred
doors OF the State Hospital for the
Criminal Insane at Matteawan are
standing aiar for Harry *. Thaw,
slayer of Stanford White
For some weeks it has peen known
that Clarence j. Shearn counsel for
ThHw, has been perfecting a plan to
obtain mis- clients release. and yes
terday 81 was established beyond
question that the plan 80 likely to
succeed. In that event Thaw will
walk out Of Matteawan a free man
within two months
The chief reason for believing that,
Thaw will regain his liberty, after
many failures to prove his sanity be-
fore the courts. is that the District
Attorney Of New York county cannot
interpose an obiccuun unless espe-
cially instructed to act in the matter
by the Attorney General at Albany
There is no indication that such in
structions will be given.
DR.. Austin Flint Against II.
This leaves the Attorney Genera!
himself the only official who can GlJ-
7
the laws of the state. he is the legal
adviser of the superintendent at Ma.
| teawan. but he has not the complete
knowledge of the intricate Thaw case
that the county officials have.
DR. Austin Flint the noted insanity
expert, who appeared for the state IN
! all the actions against Thaw and has
, made the case a study declared yes.
tcrday that he saw little in the way
Of Thaw obtaining his freedom anj
vigorously declared that such an
event would bc the grossest miscar
riage of Justice. lie believes Thaw tC
be a dangerous paranoiac, and de
clares that, unconiined, he would be
q public menace.
DR.. Amos n. Baker, until las
+ August first assistant physician a
AIatteawan, expressed similar views
lie Is of the opinion that Thaw Is "a
Il insane as he ever was; that his re
lease would place the lives of citi
2ens in actual danger, and that It #
the duty of the state TO use ever!
legitimate means in Is power to keel
the man in confinement
Mr.. Shearn was I'm Washington yes
terday ana in his absence no one a
his office would say definitely wha
measures he intends to take. II wal
admitted, however, that IAN action
IS in preparation ana would b'
brought shortly. II was intlmate'
that the attorney was greatly en-
couraged and felt confident of sue
cess.
Two Legal Courses Open.
Two legal courses are open {,
Thaw His attorney may brinl
habeas corpus proceedings 10y apply
ing to any Supreme Court Justic
for an order and then ask that Thay
be tried by jury 70 establish hi
sanity.
The other course Is simpler, bu
would be lnadNisable eXcerf unde
certain favorable conditions. The In
sanity laws applying 10 Matteawai
provide that "any inmate not con
) vicg. held on an order OF the cour
or judge in criminal proceeding
may be discharged .nerefrom upoi
the superintendent certficatlon o
recovery. made to, and approved b.
such Judge"
| Ine lOIlntI fouISt Nhulu Httu
Judge willing that the case be trie
before jury, which would hol
Thaw's liberty in their hands, Tn
latter course would necessltate bring
ing the case before a judge who be
lieVed Thaw TO be unlawfully held
and a superintendent of the sam
convictions.
In either case District Attorne
whitman would be powerless to de
mand Thaw's retention in the asy
lum, for he has no standing what
ever in the matter. He eXplalne
yesterday that Thaw had been foun
not guilty Of murder; that the cour
had committed hh., ITO Matteawar
and that there was no indictmen
standing against him Therefore tn
case was out of his hands. Mr.. Je
rome was at court then Thaw triel
to obtain freedom from the asylum