New-York tribune., 1912-04-16
COURT ISSUES WRIT FOR
TEST OF THAW'S SANITY
Justice StapIeton Orders Whites
Slayer Brought Before
Him on Friday.
LAST HEARING IN 1909
Counsers Petition Quotes Many
Experts, Who Say Mattea-
wan Inmate Is Per-
fectly Sane.

On the application Of Clarence J. Shearn,
counsel for Mrs Mary c. Thaw, Justice
stapleton in the Supreme Court BROOK
lyn. issued yesterday writ Of habeas cor
nus directing DR.. John W Russell. medical
superintendent of Matteawan State Hos
pital. TO produce before him Harry X. Thaw
for a judicial inquiry into his present men
tai condition There has been no judicial
investigation In the matter for three years.
Mrs. Thaw's petition shows that for sew
eral months she has had her son under
examination by specialists on mental and
nervous diseases and that she has been
advised by all that Thaw is not suffering
from any form Of mental disease and is
sane. Among these physicians are Dr. Adolf
Never. professor of mental diseases at
Johns Hopkins University; DR.. FREDERICK
Peterson. professor of nervous and mental
diseases at Columbia University: DR..
Charles X. Mills. professor Of neurology at
the University of Pennsylvania Or. Will
lam A. White. superintendent of the United
States Government Hospital for the Insane
diseases at Georgetown University, and DR..
George W. Jacoby. for thirty years spe-
cialist in nervous and mental diseases IN
this city.
The petition says that all of these physi-
clans have submitted TO her written reports
embodying the result Of their extended eX-
sminatons, which will be produced in court
and concerning which she AYERS in her
petition:
Dr.. William a. White summed up and
concluded the result Of his examination by
stating. . 49,.
i am convinced that at the present time
he is not suffering from any form OF menta
disease, and ! SO make athdaVt
Or. George W. Jacoby sums up ana con
cludes the result Of his examination by
stating ..... ...,
personal study and observation OF IhaW,
but upon the complete hospital record anG
the report of the extended examination OF
the acting superintendent, Dr. John W,
russell. / am unqualihedly Of the opinion
that Mr. Thaw is not suffering from any
form of mental disease and that ne Is
DR.. Adolf Meyer. Dr. Frederick Peterson
and Dr. Charles X. Mills sum up ana con-
clude the result of their joint examination
I'm our judgment he is sane and should
be released. We see nothing in his conul-
ton to lead us to believe that his enlargess
or to the community.
Clarence j. Shearn, Mrs. Thaw's counsel,
said in part:
For the last eight months Thaw has been
under close and critical observation OF the
different medical superlntendents OF the
Matteawan State Hospital and their assist
ants He mas, under my advice, submitted
TO full and unrestricted examination at the
hands of the hospital authorities as well
as by outside specialists. .
AS a result of all this careful and pans,
taking examination l should feel warranted
i'm demanding of the hospital authorities a
certificate of recovery, but | consider II the
hetter course and so do Thaw and his ram
ilv. that there should be a judicial deter
mination IN the matter so that the truth
will be made plain 10 all
Thaw was not sent to Matteawan for pun.
ishment but for treatment. No question OF
punishment is involved. The only question
is that OF his sanity.
The writ calls for the production of Thaw
before Judge Stapleton in Brooklyn on Fri
day OF this week at noon.