The sun., 1912-07-27
THAW FAILS IN THIRD
FIGHT FOR FREEDOM
Justice kcOgh Decides lie rs
Still Insane and Dan
HcrOuS.
BACK TO ASYLUM TO-DAY
Prisoners Counsel Lets Him
Make Only a Brief
Statement.

WHITE PLAINS, July 26.-Supreme Court
Justice Martin j. keogh this afternoon
handed down a decision to the effect
that Harry X. Thaw is still insane and that
his release would lie dangerous to the
public. The decision follows:
In January. 1905. Harry X. Thaw was
tried OH an indictment charging him with
having committed the crime of murder.
Tie was acquitted by the jury on the ground
that hc was insane when he committed the
homioidal act. Thereafter Mr.. Justice Dow
ling. who presided at the trial. committed
him to the Nattcawan state Hospital.
alleging that he deemed his discharge at
that time to be dangerous to public safety.
In May, 1905. hc obtained writ of habeas
corpus TO secure his discharge on the ground
that he was then sane. The question of hi,
sanity was carefully inquired into by Mr..
Justice Morschauser. " ho in an able opinion
decided that lie was then insane and that /.
would be unsafe to set him free.
In June, 1000. another writ Of habeas
corpus was sued out in his behalf. an en-
haustive inquiry was held as to his then
insanity and lucid opinion was written by
Mr.. Justice Mills IN " hich he decided that
he was then insane and that it would hc
dangerous TO the public peace and safety
to grant his discharge.
lHc preseut VIII was ODIalnCu 10 secure
the release OF Harry X Thaw ON the ground
that he Is now sane and the question Of his
present sanity or insanity was the subject
Of ali inquiry occupying eighteen days.
during which the court had the aid of most
able and faithful counsel.
II would be interesting to review the
legal history Of this case, but no useful pur-
pose can be helped by doing 50. Perhaps
an exception ought to bc made 40 far as to
say that there was some testimony in the
case to the effect that the deineanor OF Harry
h. Thaw ON this hearing was better than 1t
was on the hearing before MIR Justice Mills
Ny whole duty il fully performed when
decide the single question OF fact presented
for decision. namely. is Harry n. Thaw at
present sane or insane. and would his re-
lease he dangerous to the public peace and
safetyy
Having listened to all the testimony and
seriously considered IL | am of the opinion
that Harry h. Thaw is still insane and that
his discharge would he dangerous To the
public peace and safety.
The writ therefore must be dismissed
upon the merits and Horry X. Thaw re-
manded into the custody of the defendant
as superintendent Of the Natteawan State
Hospital.
The latest attempt Of Thaw to gain his
release from the Matteawan Asylum for
the Criminal Insane was started here
before Justice keoeh on June II. when
Thaw's mother. Mrs. Mary Copley Thaw.
brought the question Of his release into
court again on u writ Of habeas corpus
on the ground that he is now sane and
illegally held in the asylum.
When told Of the decision Of Justice
keogh in the county Jail here this after
Eoon Thaw gave out through Sheriff
William Doyle the following statement:
am sending the sad word to my family.
IL would have been better had | been ac-
quilted like Capt. Hams.
Other than this there is no statement
from Thaw. His counsel does not allow
him TO say more. Mrs. Mary Copley Thaw
is now in Pttsburg, but she is expected
TO arrive in White Plains on Sunday.
Sheriff Doyle said to-day that he did not
know when Thaw would be taken back
to Matteawan. but he will doubtless go
Tomorrow after the Sheriff has been
served with certified copy OF the de-
cision.