Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1914-01-12
Commission Appointed 10 In
Quire Into Mental Condition
Of Late Inmate Of Mattea-
wan Submits Findings,
FEDERAL JUDGE MAY
ADMIT HIM TO BAIL
Jerome'S Refusal 10 Present
Case for New York State
Causes UnfayorabIe Criti-
ciSm of Attitude,

10y MORNING JOURNAL srEe,sl ltAsIp WISH
Concord n. H., Jan. ill., Harry
Kendall Thaw would not be public
menace II be were released on bail,
according 10 the report Of the COM
mission appointed by Federal Judge
Aldrieh to inquire into the state Of
Thaw's mentality
The report says the commission
finds Thaw is not now afflicted with
any Of the mental diseases from
which he was suffering when he slew
stanford White. The finding was am
nounced today.
While the commissioners say they
have reached - definite and positive
opinion as to the present mental CON
dition of Thaw and his probable state
lof mind az the time Of the homicide.
they refrain from expressing this
opinion in view Of their Instructions
from tiie court net 20 "emharrasB ans
subsequent litigation where tho
broad question Of insanity might he
involved
Upon the question OF menace or
danger through the granting of bail.
we may however. be permitted and
probably are compelled concludes
the report, TO record our finding that
whatever may have been the mental
condition OF Harry X. Thaw at the
time Of the homicide. on which ques-
tlon we express no opinion. he Is not
now suffering from any of the forms
Of mental disease alleged By the prose
cutlon at the time OF the trials or
subsequently thereto. namely, manic.
Oppressive insanity paanoia, demen-
tia paraseoN, or delusional insanity.
In our opinion, II Is reasonably
probable that Harry Kendall Thaw'A
liberty under bail would not be dan
gerous or menace 90 the public
peace and safety"
The commission, which was ap-
pointed December IL, consisted of
General Frank s. Streeter, "a lawyer
Of this city, as chairman Dr. Morton
Prince, Of Boston Dr G. Alderhumer.
superintendent of Butler hospital for
the insane. Providence. r. l.. and Dr.
Charles ~. Bancroft. superintendent
of the New Hampshire hospital for
the insane. Of this city
The report will Ne considered nv
Judge Aldrlch this week IN connec-
ton with the petition Of Thaw for
admission TO bail under habeas cor
pus proceedings, In the rescrlpt nam
ing the commission. the judge said that
after the presentation Of the report.
the Interested parties would have an
opportunity TO be heard further be-
fore the question Of bail was passed
upon
No date. however, for such a hear
ing has been set.
After referring briefly to Thaws
iccond trial and his committal to Mat-
eawan state hospital as victim OF
manio-depresslve insanity the re-
port says the commission examined
III the entries Of The official record
If the hospital relating to Thaw from
February /. 1908, to the date of his
'scape FROM thr institution August
"a 1913. Transcripts of three crosse
of Thaw by counsel for
he state Of New York on haheas cor
,us proceedings Instituted in his be-
iaf were also inspected.
'All the cross-exumlnations says
he report. covered the most search
ng inquiry into Thaw's mental con-
Iltion and attitude" Tho report then
ellis of the public hearing held on
anuary z. at which Interested parties
yerc asked 10 offer evidence Of acts
ommitted by Thaw since his commit
al to Alatteawan, tending ia show
PERSONAL violence, and evidence to the
ontrafy
Counsel for The state of New
'orls" It continues. declined to ap-
eur on the alleged ground that our
ower under the order of the court
'as inadequate TO determination Of
he question submitted Counsel an-
cared for Thaw and offered evidence
f his custodian since September Is.
913."
Mental examinations of Thaw we're
iade hy the commission during four
ays in December and frequently af-
arward. The report says these exami-
atoms covered searching inquisl-
on into all the acts OF his life. In
luding review OF his statements
lade in the various eross-cxamina-
ons referred 10 They also include
n examination Of his present aud
ormef mental attitudes with refer
f.a5.