New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-03-02
SFEKS HABEAS WRIT
FOR HARRY K. TRAN
doctor Asserts His Sanity
SAYS Family Wants Him
Kept in MatteaWan.
STATE WILL OPPOSE MOVE
Latest Attempt to Free Slayer
of Stanford White Calls
for His Presence IN
New York.

Dr. CharleS ehHeuH' NiSi'lhS SUI
oeon at the Metropolitan Hospital,
Rlacl,welrs Island, applied to Justice
cuv. of the supreme Court yesterday
e,r o. writ of habeas corpus directing
Roy J.. Leak, acting superintendent of
tho Natteawan asylum. to produce
Harry *. Thaw in court here on Thurs
dav and show cause why Thaw should
not be permitted to be at large. The
writ is returnable before Justice
Ciegerich on Thursday. Thaw may be
brought to this city on Wednesday.
Dr. Kennedy asserted to newspaper
men Yesterday that his personal eX-
animation had convinced him that the
Shaver Of stanford White was entirely
sane lie also gave il as his opinion
that members Of Thaw's family were
more interested in keeping the young
millionaire a prisoner in Matteawan
than in obtaining his freedom. THE
Thaw millions are keeping him in
there" Dr. Kennedy said with consid-
cradle heat.
Or. Kennedy made no secret of the
fact that this latest attempt 10 free
Thaw is due to Alfred Henry Lewis.
the magazine writer, who has been
characterized as Thaw's press agent,
whom Thaw employed to thoroughly
explain his entire case and condition to
The public in a series of magazine ar
ticles. The surgeon also asserted that
most of the physicians who have had
occasion to examine Thaw are of the
opinion that the prisoner is sane He
said he had never seen Thaw until
Lewis asked him 10 go TO Matteawan
and examine Thaw TO strengthen this
new attempt at release.
Asserts Thaw Is Sane.
"Whv. Thaw is as sane as any one
of YOU young men," Or. Kennedy told
the newspaper men. 81 am truly quite
sure of that Yes. he is absolutely
sane and for the life Of me I cannot
see why be should be kept in that
place
"No. J don't know Thaw-in the full
sense of the word. ] never met him
until three weeks ago. You know,
Lewis asked me 20 go up and see him.
and / did. ] had DR.. ". J. OSullivan
with me. and we both made a very
careful examination Of the man. Sane
as can be. that's what he is. II isn't
merely that either Or. O'Sullivan and
myself declare him sane. but remember
hat DR.. Russell. the Superintendent
who resigned last week, thinks so and
had Thaw under close observation for
eighteen month..
Il can't see why anybody should want
10 keep him there. unless some OF his
people are doing it. That's probably
it, You know. YOU newspaper fellows
have got the wrong idea Every time
anybody tries TO get the man out OF
that place YOU do a lot Of talking about
Thaw's millions and how he is trying
to bug his way out Rot, It's the
Thaw millions that is keeping him i'll
there. Thaw is spending little money
When Dr. Kennedy was asked as 10
the manner Of examination he and DR..
OSulHyan had made upon Thaw he
said
NNhy. just the usual tests, You
know, il is admitted by all physicians
that a paranoiac cannot talk very long
without making known his particular
delusion We talked for hours and
hours and hours with him. and he was
as sane as YOU or I. Every bit Of eyl-
dence goes TO show he is sane. It's
pitifUl story the way he has been bled
by those who were unable 10 bring
about his release ! think / shall be
successful"
Last week Thaw refused 10 testify
before the Sulzer inquiry commission
on the ground that he was under no
obligation TO do 50 in view Of the fact
that he was still being detained as an
insane person Yesterdays attempt to
obtain his release on the ground Of
,
Of the links ia the present attempt to
obtain legal liberation through the
courts after having failed in every
other attempt.
Justice Gieeerich will be the fourth
Jurist who has presided at an inquiry
into Thaws sanity since he was com
mitted to Matteawan. Justice Nor
schauser, sitting At Poughkeepsie, said
IN his decision sending Thaw back 10
the asylum after Justice Bowling had
acquitted Thaw Of murder thar ne be-
heyed the prisoner was subject to
recurrence of the attack Of insanity in
which he killed White.
Justice MilIs's Views.
In his decision in 1909 Justice Mills
IN remandng Thaw to Matteawan said:
Upon my own personal observation
OF the conduct Of Thaw, his actions and
speech in the courtroom both on and
OF the witness stand. have been i'm
pressed that he is now Of unsound
mind"
The last previous examination Of
NAV was before Justice Keogh, at
White Plains. last July. Justice Keogh
refused 10 free Thaw on the ground
mat he was still insane.
Justice Seabury will decide whether