The Logan Republican. [volume] (Logan, Utah) 1902-1924, 1915-04-27
Jury is to Pass
on Thaw's Sanity
important Victory is Won In New
York Supreme Court. Prisoner
10 Joyful

New York. April 23.-Harry X.
Thaw, slayer of Stanford White today
won his battle to bring the question
of his sanity before jury. The APP
plication for jury trial, made by
his attorneys in a writ of habeas cor
pus, was granted today by Supreme
Court Justice Hendrick, who, upon
consultation with counsel, set the
trial for May II.
In announcing his decision, Justice
Hendrick made 1t clear that the jury
was called in Ito aid the court by
their advices and that the finding Of
the jury would not DE binding II the
court was satisfied that It was not
in accord with the evidence and with
justice" The court he said, could
disregard the jury's verdict and rem
der his own decision.
Thaw was radiant when he heard
the verdict. Many Of his friends
were in the crowded courtroom and
they and his counsel were quick TO
congratulate him in this successful
step in his fight for liberty. His mo-
Their, Mary Copley Thaw, who has
been by his side in all his years Of
fighting for freedom, was not present
today, but Thaw's first thought in
speaking to his friends and newspa-
per men was of her.
Thaw Showed Delight
This will be very good news for
my mother" he said. "My only re-
gret is that the hearing will not take
place earlier than May II.
Beyond this, Thaw would not COM
ment on the decision in court or la
ter in the Tombs, to which place
he was remanded pending the trial.
His face and the few words, howey.
er, showed the delight he felt at the
chance to show that he is now sane.
Justice Hendricks opinion accom-
panying the decision, was a lengthy
one and showed he had made n care.
iui VI no sdoS anu VI ou-
thorities on which TO base his deci
sion. The moot question he had to
decide was whether the court had
power to grant a jury trial. He found
that he did, after a study Of author
tiles and he decided to exercise such
power.
In discussing the date for the trial
1t developed that the consensus of
opinion of judge and counsel was
that the trial would last only about
week. John b. Stanchfield or
Thaw's counsel said the matter
should be settled in that time and
Justice Hendrick agreed with him.
Few Experts
1t was said later that there would
be no great array of expert witnesses
/ such as marked Thaw's trial for r,ur
der. Thaw it was said would have
about ten witnesses all told and 1t Is
expected that the state will send
Doctors Mcdonald and Flint, experts
who have testified previously in the
Thaw case, and perhaps one or two
others.
Thaw's trial on May II will be In
connection with the writ Of habeas
, corpus second from Supreme Cour
Justice Blur some weeks ago. The
application for this writ was baset
upon the contention that Harry X
r Thaw is not insane and that he
, should be freed accordingly, whatev
er his condition might have been a
the time he killed Stanford White.
, Mr.. Stanchfield took the state by
surprise two weeks ago by asking
that the question of Thaw's sanity al
, raised in the writ, be tried out by {
: jury instead of by the court sittinl
alone. This is very unusual pro
, ceeding in a writ OF habeas corpus
. but Justice Hendricks decided tina
D 1t was proper, thus giving Thaw tn,
. chance for which he has fought 10
! years.