The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1914-01-12
RELEASE OF THAW
ON BAIL APPEARS
PROBABLE
Commission Says He Is Not a
Public Menace
REPORT IS MADE PUBLIC
Fugitive Is Not Now Afflicted with
Mental Diseases Alleged at Time
Of Trial
REPORT IS MADE PUBLIC

concord, n. H., Lee. lI.-1dlly N
Thaws release under bail would not
be a public menace, in the opinion OF
the commission appointed by Judge
Edgar Aldrich of the federal court
The finding announced here yesterday
says that Thaw is not suffering
from any of those forms of mental
disease alleged at the time of his
trials for the killing of Stanford
White" While the commissioners
say that they have reached "a def
mite and positive opinion as to the
present mental condition of Thaw
and his probable state of mind at the
time of the homicide" they re.rain
from expressing this opinion in view
of their instructions from the court
not to "embarrass any subsequent
litigation where the broad question
of insanity might be 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, upon
which question we express no opin.
ion, he is not now suffering from any
of the forms of mental disease alleg.
ed by the prosecution at the time of
the trials or subsequently thereto,
namely-manic Oppressive sanity,
paranoia, dementia praecox, or DEUS
icnal insanity In our opinion, il is
reasonably probable that Harry X.
Thaw's liberty under bail would not
be dangerous or menace to the pub
lie peace and safety"
The commission, which was ap
pointed December II, consisted of
Gen. Frank S. Streeter. lawyer, OF
Concord. as chairman; DR.. Morton
Prince OF Boston; Or &. Alder Blum
er. superintendent of Butler hospital
for the insane of Providence. X. J..
and DR.. Charles p Bancroft. su.
perintendent of the New Hampshire
hospital for the insane of Concord
The report is now in the hands OF the
clerk Of the court and will be consid
ed by Judge Aldrich early in the
week in connection with the petition
of Thaw for admission TO bail, under
habeas corpus proceedings. In the
rescript naming the commission the
judge said that after the presentation
of the report, the interested parties
would have an opportunity to be
heard further before the question oi
bail was finally passed upon. Nc
date for such a hearing has been SCI
as yet
After referring to Thaws seconc
trial and his committal to Matteawar
state hospital as a victim of manic
Oppressive insanity" the report say.
the commission examined all the en-
tries in the official record of the hos
pital relating to Thaw. from February
l. 1908. to the date OF his escape
4.
Transcripts OF three cross-examina
tons of Thaw by counsel for the
state of New York on habeas corpu.
proceedings instituted in his behal
were also inspected. "All these
cross-examinations, says the report
"(except that before Justice Mors
chauseT, which was brieO were g
great length and covered the mos
searching inquiry into Thaws mental
condition and attitude We also had
before us says the commissioners
various exhibits. letters and other
documents used upon the two trials
for homicide and in other proceedings
some Of which were furnished bs
counsel for the state OF New York
and some by Thaw's counsel"
The report then tells OF the public
hearing held on the 9TH. al which in
terested parties were asked TO Offer
evidence of acts committed BY Thaw
since his committal TO Matteawau
tending to show personal violence
and evidence 10 the contrary. "Cour
sci for the state OF New York" IL cor
tinues. declined to appear on the al
legged ground that our power under
the order Of the court was inadeouat,
TO a determination OF the question
submitted. Counsel appeared fol
Thaw and offered evidence OF hi.
custodians since September Is. 1919
Mental examinations OF Thau wer,
made by the commission during fou,
DAYS IN December and from time 4,
time afterward. The report sayi
examinations covered a searchin,
ineuisition into an the acts Of hIi