New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-07-10
BLOW TO THAWPS CASE
Head of MatteaWan Says He
Might Commit Murder.
JUDGE BRINGS OUTsANSWER
Jerome Questions Witness as
=. to Filing of Two
1' Returns.

The picture of a normal man with nc
dangerous mental tendencies, which had
been developed by DR.. ASOlph Meyer. the
first alIenist to testify for Harry Is. Thaw
at the hearing into Thaw sanity before
Justice Keogh at White Plains was rudely
shattered yesterday by tine testimony OF
DR. John w. Russell sup erintendent OF
Matteawan Asylum, who was expected tc
be one Of the strongest witnesses in Thaw 6
favor The unexpected turn in the testi'
mony of the man who had been Thaw'
official keeper Tor the last nine months had
the more telling effect because 1t was
brought out by Justice Keogh in the face
of an apparent desire on the, part Of the
witness TO help Thaw's case all he could
Dr. Russell testified that If Thaw was
relea sed, and the circumstances were right
he might commit another murder. That
would be likely to occur If Thaw got &c
drinking again, he said. Thaw would need
special attendant TO KEEP him from going
wrong again. Dr. Russell declared. JUS
tice Keogh seemed to be deeply Impressed
by the testimony of the Matteawan super
intendent. The incident apparently argued
with peculiar fogeboding against Thaw's
chances Of obtaining his release from the
asylum.
Clarence j. Shearn. Thaw's counsel. did
all he could TO relieve the force of the
blow 10 his client which was struck in
DR. Russells testimony. He succeeded In
getting the wilnes, to admit on cross-ex
amina ton that the chance of Thaw's doing
anyone any harm if he should be released
was remote In answer to Mr.. Shearn's
questions Or. Russell said that he believed
ihaw would not attempt homicide unless
he was placed in practically the same DO
siticn and under the stress of circum
stances parallel to those which existed
prior to the killing Of Stanford White. The
chances for such a situation arising agar
were about one in million, the witncs:
finally said in answer to question Gy
Thaws lawyer
Under crOss-eXaminatiOn by W. T. Je
rome, DR.. Meyer appeared 10 qualify hi
previous testimony that Thaw was entrel!
sane. He admitted that Thaw was consti
ILtionally inferior in the sense of the tern
as he himself had recommended it for th'
classification of inmates in the state insti'
buttons He admitted that constitutions
inferiorty" was a form of insanity, anc
only durable in part" All of the testi
mony previously given by the physicians II
regard 10 that particular form of insanity
was to the effect that it was incurable.
Discrepancy in the Returns"
DR.. Russell was Unexpectedly called as {
witness by Mr. Jerome during the cross
examination Of DR.. Meyer TO explain the dis
crepancy in the two returns to the wri
of habeas corpus, sworn TO by DIR. Russell
as superintendent of Matteawan, the return
filed in the case having appeared TO hav
been modified to a form more favorable 4
Thaw In the return on one writ DR.. Rus
sell had sworn that Thaw was still insane
and would be a danger to the peace anc
safety of the state il released. The seconC
return, which was the one filed in the case
did not contain the part which referred II
the danger of Thaw's release
Dr. Russell testified that he had swori
"hurriedly" 10 the first return and in con
tradiction TO his own judgment as TO Thaw'
mental condition. He had desired 10 stpu
late that Thaw was suffering from 'consu
tutional inferiority." 1t was the usual form
of return used in the case OF patient
Matteawan suing out a writ. He had haC
nothing to do with the changing OF the sec
ond return. as II appeared on file, he said
II had been changed by Deputy Attorne!
General Kellogg who represents the Attor
ney General in the Thaw case. and the VII
ness had signed 1t because he had beer
told at the Attorney Generals office tha'
the Attorney General could put in any form
OF writ he wished to-
Mr. Shearn explained after court that he
had objected to the filing Of the first return
10 Attorney General Carmody because II
was obviously unfair to Thaw. and II had
been the understanding that the case would
be tried on a return based on the report
OF three alienists 10 be appointed by the
court Mr. Shcarn agreed not TO persist
IN having the case tried in Kings County.
md to let II be taken 10 WeIchester
County. when the Attorney General had
agreed TO the appointment Of three alien
fists 20 examine Thaw basis for the
return Nj Shearn thought the return
filed had been modified so to be fairer
10 Thaw because the Attorney General
had decided not to carry out the PROPOSE
ton Of the three alienists.
Questioning Dr. Russell in regard to the
first return, Mr.. Jerome bluntly asked:
Are you accustomed to commit perjury
when YOU are in d hurry
The question was not allowed in that
form The witness had said that ne did