The Washington times., 1913-08-17
FULLY PLANNED AND GOES THROUGH WITHOUT HITCH


cIuding Mrs. william Thaw, Abe Hum.
| mel and James Clinch Smith, the
| brother-in-law of Stanford White, but
| the story of none could equal that OF
| the girl-wife. She was the real figure
about which the interest in the trial
| centered.
On March 20 the trial was halted by
the application of Jerome for a COM
mission in lunacy: The commission
| On May 9 the defense completed sum-
| ming up, and the next day Jerome, for
the State, closed the case.
| Forty-eight hours later, after vainly
| attempting to agree, the jury was dis
jcharged.
Makes Insanity Issue.
Martin w. --.ftleton, later elected as
| member of the Sixty-second Congress,
| was chief counsel for Thaw at his sec
| ond trial for murder, which was held
in January, 1908. Littleton abandoned
the 'unwritten law and "brainstorm''
defense, which had been set up by Del
mas. and the second Thaw attorney
, fought the case squarely on the insanity
Issue.
The second jury acquitted Thaw on
the ground of insanity and he was
hustled off to Matteawan. The attor-
neys' fees and costs of the first trial
second trial coSt approximately $4,000.
Thaw was committed to the insane
asylum on February l, 1908. and the
commitment was first confirmed by
Justice Morschauser In Octooer, 1900.
Since then Thaw has made repeated
aside, his last attempt being made less
than year ago.
Thaw's Fight for Freedom.
to get out of Matteawan is as follows:
He demands that Littleton, Dan
O'Reilly, and Russell Peabody begin
habeas corpus proceedings in Febru-
airy, 1908, as soon as committed. They
refuse. Mrs. Thaw engages alienists
to examine her son before he has been
in the asylum a month. She says:
Harry will go crazy If they keep him
there"
In April, Thaw, dissatisfied with, the
action of his attorney. engages James
G. Graham to accomplish his release.
The writ of habeas corpus drags along
for more than thirty days. DR.. Austin
Flint testifies that Thaw is hopelessly
insane. District Attorney Jerome fights
release. Alienists testify both for and
against Thaw. On May %, 1905, Justice
Morschauser dismisses the writ and de-
clares that Thaw is still insane and that
his discharge would be dangerous to
the public"
Thaw has temporary leave from the
asylum while the hearings are pending
at Poughkeepsie.
Thaw. in May. 1908 seeks transfer to
the State Hospital and this prevents
his immediate return to Matteawan.
Justice Bowling. on June 29. rules that
Thaw is too dangerous to be confined
in the State Hospital and orders his re-
turn TO Matteawan.
Offered 100000 Bond.
Thaw appears for habeas corpus to |
Justice Mills. of the supreme court of
New York, and hearings are conducted |
at White Plains. Thaw offers to put |
up 800, 900 bond If he is transferred from |
the Dutchess county Jail to the West
chester county jail.
The prisoner makes another appeal |
from Morschausers ruling and Justice
Mills permits him to remain in Pough-
keepsie jail until September. On Sep
tember !, the State prison commission
issues a protest against Thaw's con-
finement in the Poughkeepsie jail. He |
is transferred to Westchester county |
jail and two weeks later is returned to |
September IS Justice Mills |
granted Thaw a trial without jury.
ThaW wanted a jury and appealed |
again for habeas corpus proceedings. |
There is an interchange Of proceedings
between the courts of Justices Mills,
Tompkins and Gaynor, early in 1909
The appellate division of the supreme
court rendered a decision on July 4.
1909, refusing to nberate Thaw and
holding that the original commitment
was proper.
Another hearing is held before Jus
tlce Mills at White Plains and after a
long trial is denied his freedom. Mean
while. he has appealed from the de-
cisiOn of the appellate division which
held the original commitment valid.
On August %. 1909. the cour Of ap-
Deals upheld the appellate divisions
ruling. Mrs. Mary Copley Thaw is
sued about this time a book attacking
William Travers erome, who has
fought Thaw's release ever since Je-
ONE ceased to be district attorney OF
New York.
Harry Thaw remained fairly content
Turing the year 1910. and did not bother
he courts to any extent with his de-
rands for liberty. He made sporadic
,ffOrts in -9lI and 1872 to obtain his
reedom, making A futile appeal to the
supreme court of New York last year.
The recent charges that Thaw offered
1000 to an attorney to get him out of
by bribery or otherwise,
ire fresh in the public memory and
on sensation in New York.