The Washington herald., 1915-03-10

conspiracy when the court sustained
Stanchfield's objection.
This was the first blood for the de-
Tense.
With declaration that the law of
New York is that even an insane man
may be convicted of crime provided he
know the nature and quality of the act
and that the act was wrong" Kennedy
closed.
Clerk William Penny, of the criminal
branch of the Supreme Court. was the
first witness called. and il was through
him that the State cOuntered or its set
back. benny established the fact OF
Thaw's acquittal and commitment to
Matteawan by Justice Bowling. Cook.
who is examining the witnesses or the
State, offered the commitment in evil
dence. and Stanchfield promptly objected.
Here was one o the vital points OF the
defence trembling in the balance. IL the
order of commitment was illegal. Thaw
was never legally detained in Mattea-
wan. said Stanchfield.
This order does not commit Thaw to
the State Hospital for the Insane until
he shall become sane as the law re-
quires. but it says that the defendant
shall be confined until he shall be dis
charged by due process of law"
He contended that the distinction
was strong enough to warrant the
notification of the order.
Justice Page decided the point OF
hand. There are two methods under
due process of law by which the de-
PENDANT could be released" he said.
Under either of these. if a defendant
was sane. he could be released. II
seems clear that Justice Bowling in
making the order had in mind the or
binary process of law. by which one
is discharged when he becomes sane.
and I therefore overrule your objec-
ton"
In rapid succession, with an hours
interval for lunch, the State called
Robert Hamerlund, a photographer,
and J. A. Waddell. a map maker. to
Identify exhibits in the case. Patrick
OConnor. of the secretary of states
New York City office, was called to
identify Roger Thompson's applica-
ton for chauffeur's license, and
other incidental testimony was intro
duced of like nature.
Testify Regarding Auto.
With the calling of William Gordon.
the first details of the alleged conspiracy
were put into evidence. Gordon identi-
fed Richard Butler having come to
his place at Beacon early in August. 1913
He identified the defendant by shaking
hands warmly with him. He then was
excused temporarily to make way for
John Collins. the man from whom the
automobile was hired in which Thaw
made his escape.
Collins testified that Butler came to his
place about Q o'clock in the night OF
August II. 1918. and hired a seven-pas-
senger car for a couple Of days. as h.
said, paying in advance for two days at
$40 per day.
Collins testimony practically eliminated
Roger Thompson, one of the five defen-
dants from the case.
Il had intended sending another chauf-
feur with Butler said Collins. but he
wasn't there. so I introduced Thompson
to him and sent him along"
Gordon was then recalled and about
his testimony centered the big interest
of the day. After August .. when But
Ter and OKeefe stopped at his place
he said he again saw them on Friday.
August IS. two days before Thaw's es-
cape. Thompson and Duffy accompanied
them on this occasion, he said.
Flood followed them the next day, ar
irving in a landaulet.
"Thaw." Gordon said. used to come
down to my place with an attendant
on his way to Poughkeepsie to see his
lawyer. l talked with him frequently
ION these occasions you observed hi0
manner and spirit?" asked Stanchfield.
Il did"
And you would ask him questions and
he would answer you. and vice versa
1t was at this point that Cook made his
objection. followed by that OF Kennedy.
which called out the two decisions from
Justice Page. The trial will be resumed
tomorrow morning with a renewal Of the
battle over the issue Of Thaw's insanity.