Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1914-01-15
Not Suffering from Mental Dis
ease Alleged at Trial, Says
Commission.
MADE SEARCHING EXAMINATION
New York Acknowledgement
Declares He Will Push Eff
fort to Get Concord
Captive.

Concord, y. H.. Jan. Hilary Is
Thaw's release under bail would not be a
public menace i'm the opinion OF the com
mission appointed by Judge Edgar Aid
rich. Of the federal court. The finding
announced to-day, SAYS that Thaw is no,
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 definite and positive
opinion as to the present mental condition
o. Thaw and his probable state OF mind
at the time OF the homicide" ticy refrain
from expressing this opinion In view OF
.heir instructions from the court not &c
"cmbarrass any subsequent litigation
where the broad question of insanity
might be Involved
Upon the question of menace or dam
scr 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 Thlw AZ the time Of the homicide,
uron which question we express no opn-
ION he is not now suffering from any OF
ihc forms Of mental disease alleged by the
prosecution at the time of the trials or
subsequently, thereto, namely, manic-de-
prcssir, insanity, paranoia, dementia
7r1ncoX. or doluslonal insanity.
an our opinion, it is reasonably prob
able that Harry Kendall Thaw's liberty
Indcr hail would not hc dangerous or a
menace TO the public peace and safety"
The commissions which WAS appointed
December l. last. consisted Of Cen Frank
r Strcctor a lav"er o. this city, as
chairman DR.. Motion Prince Of Boston,
Or G. Alder Blumor superintendent Of
butler Hospital for the lnsare Provi-
tonce, K. l., and DIR. Charles 2 Ban
croft, superintendent of the New Hamp-
shire Hospital for the Insane. of this city.
NO DATE FOR HEARING.
The report is now in the hands Of the
elorli Of the court and will be considered
sy Judge Aldrich early in the present
week in connection with the petition Of
Thaw for admission to bail under habeas
corpus proceedings In the rescript nam
ing the commission the Judge said that
after the representation OF the report. the
Interested parties would have an oppor-
tnity to be heard further before the
question Of bail was finally passed upon
No date for such a hearing has been set
ae vet.
After referring briefly to Thaws second
trial and his committal to Matteawan
state hospital as o. victim Of "manic-de-
rressiyo insanity" the report says the
commission examined all the entries in
of Ia.
ing to Thaw from February l. 1905, TO tho
oat" OF his escape from the institution
August T. 1918 TRANSCRIPTS of three
cross-cNaminations Of Thaw by counsel
for the state Of New York on habeas
corpus proceedings instituted in his behalf
were also inspected
All these crOss-eXa limitations" saws
the report, Except that before Justice
Morschauser which was hrler) wore Of
great length and covered the most search
ing inquiry into ThaWs mental condition
and attitude.
We also had before us" say the COM
mssioners, various exhibits, letters and
other documents used upon the two .-,aIs
for homicide and in other proceedings.
some Of which were furnished by counsel
for the State of New York and some by
ThaWs counsel"
EXAMINATIONS SEARCHING
The report then tells Of the public hear
i1e held on January :, at which interested
parties We're asked to offer evidence Of
acts committed by Thaw since his COM
initial to Matteawan tending to show
personal violence, and evidence TO the
contrary. Counsel for the State Of Nc-v
York. it continues. declined to appear
on the alleged ground that our power un-
der the order of the court was made
nuate TO determination of the question
submitted. Counsel appeared for Thaw
and offered evidence of his custodian
since september Is, 1913"
Mental examinations of Thaw were
made by the commission during four
days in December and from time to time
alt"rWard. The report SAYS these ex-
aminauons covered searching in
QUESTION into all the acts Of his life
including review of his statements
modc in the various cross-examinations
r.fcrrcd to. They also included an ex-
a.niulton of his present and former
3ental attitudes with reference to all
II his acts"
y careful physical examination to
determine the presence or absence Of
structural or functional disturbance of
tine nervous system, also was made.
In its studies ami deliberations"
continue" the report, the commission
has In the main confined its attention
TO facts, profcrring to attach little i'm
portance, for its purpose to the con-
netting opinions Of experts and other
witnesses i'm adversary hearings"
Harry Thaw attended church with
his mother to-day. They went to the
South Conversational accompanied by
one Of Thaw's guards
Later they were Informed Of the
finding of the commission but although
cVi iently pleased, neither would make
any comment saying that they were
acting by advice of counsel
ATTORNEY GENERAL, TO