The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1915-07-16
Supreme Court Justice Hend-
rick Adopts the Verdict
of the Jury.
ATHEISTS ABE ROASTED
Thaw Anticipates the Decision
of the Court with a Broad
!: Smile.
q. ASSOCIATES PRESS,

NEW YORK, July 1o."f1drly ~
Thaw. adtudged sane last "Wednesday
by jury. was given his freedom 70
day by Supreme Court Justice Hen
,drfck. who announced that he had
adopted the jury's verdict. The state
Immediately served notice OF an ap-
peal and Judge Hendrick fixed Ihaw's
bail at $35, 900 to insure his presence
at future proceedings. A surety COM
pany was prepared to give the bond
and Thaw was taken from the court
house to 1he judges chamber so that
details might be arranged.
A crowd of several hundred people
lined the sidewalks and overfowed
into the streets around the court
house and cheered Thaw when he
appeared on the courthouse steps.
In announcing his decision Justice
Hendrick took occasion to comment
.unfavorably on the action or aiienists
who had assisted the state in prepar-
ing the case and then appeared as ex-
pert witnesses In court.
at have reached a decision IN this
case" Justice Hendrick said. "and 1t
is based on my mind fortified by the
action OF the jury"
Thaw, sitting comfortably in his
hchair, his counsel on each side,
lIshowed his pleasure and anticipated
the courts decision with broad
smile.
1T want to say word about the
aHenists," Judge Hendrick continued.
I'VE have been told by one alienfst
that 1t Is impossible to determine the
sanity or insanity of a person without
taking the word of an alienist. Thir
court and jury cannot depend upon
the word of an alienist who for years
has devoted himself to case of this
kind and assisted in Its preparation.
That doctor can help prepare case
and go on the stand as an expert wit
ness is wrong. I hope the legislature
of the state will find some means to
correct this. Some other method
should be adopted. Gentlemen. I have
adopted the verdict OF the jury. de-
clare now that 1t is the decision of
this court that Harry K. Tnaw 81
sane"
Edgar Bromberger, of the group OF
lawyers appearing for the state, gave
notice Of appeal. At previous con-
ference of counsel in the case it had
been made clear that should the court
decide in Thaw's favor the commit
,ment of Justice Bowling. under which
Thaw was sent to Matteawan in 1908
after he had been acquitted on the
grounds of insanity OF the murder of
Stanford White, would not be formally
vacated but would simply cease to
operate. Justice Hendrick decided
that the states notice of appeal auto
matically acted as stay. John B..
stanchfie1d, of Thaw's counsel. then
moved that Thaw be given his liberty
under bond. This motion was vigor-
ously opposed by the state. Mr. Brom-
berger said he considered Thaw in
sane and a danger to the community:
Mr.. Stanchfield replied that Thaw had
haan indred sane and that to deny him
bail would virtually nullify the courts
decision until the appeal had been de-
cfded. The court then fixed the
amount of bail at $4,000.
Thaw declined to make any state
,nent at this time except to say that
after the bail arrangements were com
Melted, he was going to get his bags
and then go direct to the Pennsylvania
station in New Jersey, whence ne
would take a train for Pittsburg. The
sheriff viii accompany Thaw until he
3s on New Jersey soil.