The Barre daily times. (Barre, Vt.) 1897-1959, 1914-01-12
Already, Declared Sane, He
Is Planning to Make
Visits
NO DATE is SET
FOR BAIL HEARING
Commission Finds He Is
Not Now Suffering from
Mental Disease

Concord, N. H., Jan. 12.-Belieying
that his edlly release on bail is prac-
tically assured by the report of the fed
eral court commission that he would not
be a public menace, Harry X. Thaw be-
gan to-day making plans for visiting
friends in New Hampshire. Thaw said
that il the court should admit him to
bail he would not leave the state for
the present.
Since his detention in the state he has
made many acquaintances and received
many invitations for visits. He planned,
he said, to accept some of the invita-
tions. The first probably will be that
of Sheriff Drew of Berlin, who arrested
him after his deportation from Canada.
The finding that Thaw is not suffer
ing from any of those forms of mental
disease alleged at the time of his trials
for killing stanford White in New York
City was announced here yesterday.
"would Not Be a Menace"
! While the commissioners say that they
/ have reached "a definite and positive
opinion as to the present mental eondi-
tion of Thaw and his probable state OF
mind at the time OF the homicide" they
refrain from expressing this opinion in
view of their instructions from the court
not to 'embarrass any subsequent litiga
/ tion where the broad question of insan
Iity might be involved"
/ Upon the question of menace or dan
ger through the granting of bail, we
may, however, be permitted and prob
ably are compelled" concludes the re-
port. "to record our finding that what.
ever may have been the mental condi-
tion of Harry X. Thaw at the time OF
I the homicide. upon which question we
express no opinion, he is not now suffer
( ing from any of the forms of mental
disease alleged by the prosecution at
the time of the trials or subsequently
thereto, namely, manic-d Oppressive insan-
Eity. paranoia, dementia prsacox, or delu-
sional insanity.
"ln our opinion. it is reasonably prob
able that Harry Kendall Thaw's liberty
under bail would not be dangerous or
menace to the public peace and safety"
The commission, which was appointed
Dec. II last, consisted of Gen. Frank s.
Streeter, lawyer of this city, as chair
man; Dir. Morton Prince of Boston, DIR.
G. Alder Blumer, superintendent of But
Ter hospital for the insane, Providence,
X. l., and Dr. Charles z. Bancroft, SUI
perintendent of the New Hampshire hos
pital for Che insane of this city.
The report is now in the hands of
the clerk Of the court and will be con-
sidered by Judge Aldrich early in the
present week in connection with the pc
tition of Thaw for admission to bail
under habeas corpus proceedings. In the
rescript naming the commission, the
Judge said that after the representation
OF the report. the interested parties
further before the question of bail was
finally passed upon No date for such
hearing has been set as vet.
After referring briefly to Thaw's sec
ond trial and his committal to Mattea-
wan state hospital as a victim of manic
Oppressive insanity" the report says the
commission examined all the entries in
the official record of the hospital rela-
tive to Thaw from February |, 1908, to
the date Of his escape from the insti
tuition, Aug. H. 1913 transcripts of
three eross-examinations of Thaw by
counsel for the state of New York on
abeas corpus proceedings instituted in
his behalf We're also inspected.
"All these oss-examinations." SAYS
the report, (except that before Justice
Morschauser, which was brief were of
great length and covered the most |
searching inquiry into Thaw's mental
condition and attitude.
I'VE also had before us" say the com
missoners, various exhibits, letters and |
other documents used upon the two
trials for homicide and in other pro-
ceedings. some of which were furnished |
by counsel for the state of New York |
and some by Thaw's counsel"
The report then tells of the public |
hearing held on Jan. 7, at which inter I
ested parties We're asked to offer evil /
dence of acts committed by Thaw since
his committal to Matteawan tending to
show personal violence. and evidence to
the contrary. Counsel for the state of /
New York" it continues, declined to
appear on the alleged ground that our
power under the order of the court was
inadequate to a determination of the
question submitted. Counsel appeared
for Thaw and offered evidence of his
since Sept. is, 1913"
Mental examinations OF Thaw were
made by the commission during four
days in December and from time to time
lfterward. The report says these ex-
lminations covered searching inquisi-
tion into all the acts of his life, includ-
ing a review of his statements made in
the various cross-examinations referred
10. They also included an examination
Of his present and former mental at
titudes with reference to all Of his acts"
A careful physical examination to de-
.ermine the presence or absence of struc-
Lural or functional disturbance of the
nervous system, also was made.
"In its studies and deliberations" con
-inues the report, 'the commission has
IN the main confined its attention to i
'acts, preferring to attach little impor
.ance, for its purpose to the conflicting
opinions of experts and other witnesses
n adversary hearings" 4