New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-01-12
THAW'S RELEASE
ON BAIL FAVORED
Would Not Menace Public
Safety, Says Commission
Named by Court.
"PRISONER NOT VICTIM
OF MENTAL DISEASE
Will Probably Be Arrested Again
Wife Fears Something
Terrible Will Happen.

Terrible Will Happen.
Concord. y. r.. Jan. Hilary Is.
Thaws release under bail would not
to a public menace. in the opinion oi
tie commission appointed by Judge Ed
gar Aldrich. Of the Federal Court. The
finding. announced to-day, says that
Thaw is not suffering from any OF
those forms Of mental disease alleged
a; the time of his trials for the killing
of Stanford White.
While the commissioner say mat
they have reached "a definite and posi-
tive opinion as 10 the present mental
c, ndition of Thaw and his probable
state Of mind at the time Of the homi-
eide" they refrain from expressing this
opinion. i'm view OF their instructions
from the court not to 'embarrass any
subsequent litigation where the broad
question Of insanity might be in
volved."
Upon the question Of menace OF
danger through the granting Of bail
We may, however be permitted, and
probably are compelled" concludes the
report. 20 record our finding that
whatever may have been the mental
condition OF Harry k. Thaw at the
time Of the homicide. upon which ques-
ton We express no opinion, he IS not
now suffering from any Of the forms
Of mental disease alleged by the prose-
cution at the time of the trials or sub
scquently thereto-namely, manic-de-
pressive insanity, paranoia, dementia
Iracox or delusional insanity.
"ReIease No Menace to Public
In our opinion. it is reasonably
probable that Harry Kendall Thaw's
liberty under bail would not be dan
gerous or a menace to the public peace
and safety"
The commission which was appoint
ed December l. last, consisted Of Cen
eral Frank $. Streeter a lawyer Of this
city. as chairman DR.. Morton Prince.
OF Boston; DR.. G. Alder Blumer, su-
rerintendent Of Butler Hospital for the
Insane, Providence. r. J.. and DR..
Charles p. Bancroft. superintendent Of
the New Hampshire Hospital for the
Insane, # this city. The report is now
in the hands If the clerk Of the court
and will be considered by Judge Aldrich
early in the present week in connection
with the petition of Thaw for admis-
sion to bail under habeas corpus pro-
ceedings.
In the rescript naming the commits
sion the Judge said that after the pres
entatlon Of the report the interested
parties would have an opportunity to
be heard further before the question
OF bail was finally passed upon No
date for such hearing has been set as
yet.
After referring briefly to Thaw's Sec
ond trial and his committal TO Mattea-
wan State Hospital as victim Of
manic Oppressive insanity" the re-
port says the commission examined all
the entries in the official record of the
hospital relating 10 Thaw from Febru-
airy |. 1908, to the date Of his escape
from the institution. August 1, 1918.
Transcripts of three cross-examina-
tions of Thaw by counsel for the State
OF New York on habeas corpus pro-
ceedings instituted in his behalf were
also inspected.
All these cross examinations, says
the report & -,cept that before Justice
Morschauser. which was brief) were Of
great length and covered the most
searching inquiry into Thaw's mental
condition and attitude.
We also had before us" say the
commissioners, various exhibits, let
the two trials for homicide and in other
some of which were fur
nished by counsel for the state of New
york and some by Thaw's counsel"
Expert Opinions Minimized.
A careful physical examination TO de-
termine the presence or absence Of
structural or functional disturbance Of
the nervous system was also made.
I'm it's studies and deliberations.
continues the report, the commission
has in the main confined its attention
10 facts, preferrng to attach little i'm
portance, for its purpose, TO the con-
ficting opinions OF experts and other
witnesses in adversary hearings
Harry Thaw attended churc.i with
his mother to-day. They went 10 the
South Congregational. accompanied by
one of Thaw's guards.
Later they were informed Of the find-
ing of the commission, but although
evidently pleased neither would make
any comment, saying that they were
acting nv advice of counsel