Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1915-04-24
Justice Hendnck of Supreme
Court Decides That Question
Of Sanity May Be Tried Be-
fore Jury
STANFORD WHITES
SLAYER is IUBlLANT
Legal Contention Regarding.
tiabeaS Corpus Proceeding
Sustained by Court, Is Most
Unusual.

fsN scNNiNc JousrsA ertctAA AtAtto ~'sNl
New York. April 23.--llarry X.
Thaw, SLAYER OF stanford White, to-
day won his battle 20 bring the ques-
tion OF has sanity before jury, The
application Cor jury trial, made os
his attorneys IN a writ OF habeas cor
pus. was granted today by supreme
Court Justice Hendrick, who, upon
with counsel, set the
trial for MAY ~.
In announcing his decision, Justice
Hendrick made il clear that the Jury
was called in to aid the court by
their advice and that The findings oi
the Jury would not be binding II the
court was satisfied that Il was not in
accord with the evidence and with
iustice. The conrt. he said could dis
regard the mry's verdict and render
his own decision.
Thaw L. Happy Again,
Thaw was radiant when he heard
the verdict. Many OF his friends were
in the crowded court room and they
and his counsel were quick W con-
gratulate him on this successful step
in his fighi for litertN His mother,
Mary Copley Thaw, who has been hN
his side in all OF his years of feht-
ing. for freedom. was not present to-
dav. but Thaw's nrst thought ~
speaking to his friends and newspa-
per men was of her
This will he very good neWs iof
my mother" he said. MY oniy re-
gret is that the hearing will not take
place earlier than MAY ~
Beyond this rhaw would not conn
ment on the decision, IN court or latei
In the Tombs to which place he was
lremanded pending the trial. Hts fae'
end the few words. however, showed
tthat delight he felt at the chance I,
show that he is now sane,
opinion Is Lengthy One.
Justice Hendricks opinion accom-
panying the decision, was a lengthy
one and showed he had made careful
study OF Thaw's ease and of authori
ties ON which TO base his decision
/ The moot question he had to decide
| was whether the court had power t.
grant a jury trial. lie found that h'
did, after study of authorities. ant
| he decided TO exercise such power.
In discussing the date OF the trial
eounscl said that the consensus o
opinion OF Judge and counsel wa
! that the trial would last only about
week John b. Stanchhold, of Thaw
counsel said the matter should b
settled In that time ana Justice Hen
driok agreed with him. u was SAT-
later that there would be no grea
array of expert witnesses, such u
marked Thaw's trial for murder
Thaw, 1t WIS said would have abou
ten witnesses all told.
Unusual Legal Proceeding.
Thaws trial on May II VIII bo y
loonncction with the writ OF habea
loorpus secured from supreme cour
lJustice Blur some weeks ago. Tn
duplication for this writ was base
Inpon the contention that Harry IS
lThaw is not insane and that Il
should be freed accordingly, what
ever his condition might have bee
at the time he killed stanford Whit'
Mr.. Stanchneld took the state b
lsurprise two weeks ago BY askln
i that the question of Thaws SANITY
Las raised in the writ, be tried out 3
Ia Jury instead Of by the court sittln
lalone. This is d very unusual proceed
ling In writ Of habeae corpus. nut jus
ltice Hendrick held that 1t was pror
, Ier thus giving Thaw the chance io
which he has fought for years.