New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-04-24
THAW TO FACE A NEW
METHOD Of ATTACK
Attorney General Carmody Will
Ask for Commission to
Test His Sanity.
HEARING ON WRIT SATURDAY
Conference with DR.. Flint. the
Alienist-White' Slayer Has
Cost the County About
S150.000.

/ When Harry X. Thaw, who since his
! scquittal Of the charge Of killing stan
, ford White has been about the most &C
tive patient the State Hospital for :hc
/ Criminal Insane at Matteawan has
/ known, appears before Justice Keogh IN
/ White Plains on Saturday TO make an.
other effort for his liberty he will have
! 70 meet a new method Of attack.
The two previous writs Of habeas
/ corpus obtained by him were dismissed
! by justices Of the Supreme Court with
/ out calling in alienists On Saturday
| Attorney General Carmody will ask thai
a commission be appointed 10 determine
whether or not Thaw's mental condition
+, has changed since his last examination.
! If II has not, the Attorney General Will
argue that the court has no jurisdic-
| tion.
Attorney General Carmody, with h,s
first deputy, former Judge Joseph a.
| kellogg, had q long talk with District
Attorney Whitman yesterday afternoon.
At its end the Attorney General said
! that he had asked the District Attorney
| 10 send q representative to the hearing
at White Plains on Saturday. The Al
torney General will not be present. He
will he represented by Judge Kellogg.
| Charles c. Mott, jr.. the only Assistant
! District Attorney on the star or DIS
! trlct Attorney Whitman who was ac-
lively engaged in trial work at the time
| Of Thaw's trial, will represent District
Attorney Whitman.
| After leaving the District Attorney
Mr.. Carmody, with Judge Kellogg and
| Mr.. Mott, went to the office Of DR.. Aus
! tin Flint. at No. lis East 10Th street.
| Dr. Flint is one Of the alienists who
! testified for the state at Thaws trial.
! In Dr. Flnts Office the plan Of the At
torney General was talked over and his
advice was asked as to the selection of
alienists.
! The plan as suggested by the Attorney
General was favorably received by both
! Mr.. Mott and DR.. Flint. II is proposed
that Judge Kellogg, representing the
Attorney General, shall move before
Justice Keogh to have a commission APP
pointed to examine Thaw as TO his men
tai condition. The Attorney General
| suggested that the commission consist
| Of three alienists none Of whom had
been concerned in the Thaw case be-
fore. The name Of one is to be sug-
gested by Judge Kellogg, Of the second
! by Clarence J. Shearn, counsel for Thaw
in the proceeding, provided he acceded
( TO the plan. and the third is TO be agreed
upon by counsel for both sides or 10 be
appointed at large" by Justice Keogh.
| II the plan goes through, the hearing
before Justice Keogh on Saturday will
be in the nature Of a preliminary hear-
! ing only. The commission will be al
, pointed and the hearing adjourned until
It's finding is reported. If its report is
that Thaw is still insane, the Attorney
I General will move 70 dismiss the writ Of
! habeas corpus on the ground that the
court has no jurisdiction. the alieuists
reporting that Thaw is In the same con-
dition as when first committed TO the
J hospital.
/ man whose kDO"IcuSc OI IIt "a
penses attached 10 proceedings at law IS
extensive estimated last night that since
! the shooting Of Stanford White Harry
/ Thaw had cost the county of New 1Orh
at least S1jO.OOo II is said that Or.
! Austin Flnts services cost the county
! $50 p day. The same authority haz-
arded the guess that about ST"oOo hal
. been spent 10 secure Thaws release.
Many attempts have been made, both
I by Thaw and by his mother. Mrs. Mary
/ Coulev Thaw, 10 obtain his freedom.
/ Twice before Writs 0f habeas corpus
have been issued 20 this end. one was
/ dismissed 10y Justice Morschauser in
! Juue. 1905. and in October Of the same
year Justice Nils denied another. Soy
craI unsuccessful attempts have 1ce7
made bv Thaw 20 S"Cur" his transfer 80
another institution. on Two occasions
! DO has been released on WritS 20 appear
,s q witness. ON both occasions he was
( q Witness for his mother in suits brought
/ In recover fees alleged L. be due for
| services in hor sons trial.