The sun., 1912-07-17
THAW'S COUNSEL WINDS
UP PUBLIC PROCEEDINGS
Coth sides Will Submit Briefs,
Probably This Week. to
Justice kcOgh.
TH\W STAYS WHERE tIE IS
shcarn'S View Of the Inception
of the Insanity Plea in the
Original Defence.
TuAW STAYS WHERE HE IS

WHITE PLAINS. July i8.-Following the
hearing AZ to the present mental condition
cf Harry II. 1haw before Supreme Court
Justice kcogh in the hateas corpus pro-
,,.ndings to obtain Thaw's release from
ihe Natteawan asylum for the criminal
insane 1haw's counsel. Clarence J.
,h"arn. made his argument to-day before
Justice keogh William T. Jerome. rep
rescn,ine the Attorney Generals office.
will not sum up orally. hut will submit
a brief To the court. Mr. Shearn also
will hand in a brief. probably before the
end Of the week.
There were fewer than fifty persons
IN the court room to-day. These in
cluded Harry 1haw's mother. Mrs Mary
copley 1haw. his sisters. Mrs Carnegie
and Mrs. alice Thaw and Joshua Thaw
Harry Thaw sat with the other members
of the family.
In beginning his argument Mr.. Shearn
said that the sole question was whether
Thaw's condition at this time would
make il dangerous to release him. Further
along he said that much Of the unwhole-
some part Of the evidence in the Thaw v
ease came into it through Hartnetts e
soied hands
Mr. Jerome. who had been seated
cooking ont of window and seemingly
he least interested man in the room.
,Impcd mp and said:
4 have promised not to interrupt the
argument. but ! want to say that but
ono paper came into my hands through
Hartneit."
Mr. Shearn argued that the beliefs
which 1haw entertained were not de-
usions. but we're based on more or less
la tatN nj a
said 1haw believed he was in danger
If being shot by White and that he was
being followed by members of the Monk
Eastman gang.
ihaw's belief, said Mr. Shearn. that
White and men associated with him main
aimed places to which girls were lured
had been characterized IA delusion.
But. the lawyer said it had, been proved
that " hite did maintain such a place.
Speaking Of the inception of the theory
that lhaw was suffering from insanity.
Mr. Shearn said it originated in the wish
of Judge Olcott. of his counsel. To save
his life. from the desire of the counsel for
the White family to avoid the prosecu-
ton Of 1 haw and the dra gging INTO view Of
tho scandal and in the desire of De Lancey
\icoll, who was retained by friends Of
White to protect them from the publica-
rs MIR Shearn said, 1haw to an asylum
ind end the case forever had not been
opposed by the District Attorneys office.
which was only too willing to get rid of
ne matter by landing 4 haw in an asylum
Us incurable.
back of all Of the proceeding. said Mr.
Nhea-n. that have taken place since that
time have been DIR. lint and Mr.. jerome.
Dr. lint he said. had written editorial
articles for newspapers to arouse public
sentiment against the release OF rhaw
and had done this. as the doctor testified,
as a matter of public duty. MIR Shearn
asked why II the doctor wrote these ar
icles as public duty he had not testified
as public duty instead OF taking $1,000
tor his testimony from the public treasury
Mr.. Shearn characterized DIR. Flint as q
professional witness. now on this side and
nov on the 9th err He spoke OF MIR
Jerome as that sensationaiist. who uses
Unfair and unprofessional methods to
attain his ends. who substitutes sneers
and innuenda for proof ana has bounded
nav for six years like human hyena."
When the court was about to rise MIR
>hearn remarked. "The same commitmen,
stands does it not. your HONOR
Justice keogh assented. his means
hat lhaw will remain in the Westchestel
county Jail for the present and probably
until Justice keogh enders nj ma
judgment