New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-03-19
new WRIT SIGNED
in THAW TANCLE
Step Late Last Night Move
to Bring Case at Once
to Higher Court.
QUESTION OF SANITY
DROPPED FOR TIME
Custody of Prisoner, Basis OF
Latest Phase, Will Come
Before Blur To-day.

A second writ OF habeas corpus is
the latest step in the case Of Harry n
Thaw. II was signed last night by
Justice Blur, on the application oil
John y. Stanchfeld, and is TO be served
on Sheriff Grifenhagen at $3.50 o'clock
this morning. Argument on the writ
will follow before Justice Blur in the
Supreme Court an hour later.
Counsel on all sides agreed yesterday
afternoon to postpone for week argu-
ment on the first writ. which was to
come up this morning. II is Mr.. Stanch-
fields purpose, it was explained, to
bring the question of Thaw's custody
to the Appellate Division as soon as
possible. Appeal was taken from the
order of Justice Page, in the Criminal
Branch of the Supreme Court, last
Monday, enforcing the order of com
mitment signed seven years ago by
Justice Bowling. under which Thaw
was placed in Matteawan.
1t is understood that Mr.. Stanchheld
will drop for the time the question OF
Thaw's sanity. In the writ signed last
night he has made the basis OF his
contention the right of the state OF
New York to take Thaw back to Mat
teawan.
+. Those interested in the case believe
that when Justice Blur calls up the
new writ this morning he Will hear
argument only until he is satlshed
that the matter at issue is properly
within Justice Pages jurisdiction, and
will then send the issue Of the writ TO
: him. Thereupon IL is expected JUS
/ tice Page will dismiss the writ on the
grounds on which he sent Thaw back
to Matteawan last Monday.
+ Mr.. Stanchfeld then will probably
/ take an appeal from Justice Pages de-
cision on the second writ and request
the Appellate Division for a speedy de-
+ termination of the issue.
A. s. Gilbert, counsel for Sheriif
/ Grifenhagen, will file a return on the
writ in Justice Bijur's court this morn
{ ing. When the second writ was signed
last night il was agreed not to serve
T il until this morning.
Unless present plans OF counsel mis-
carry the Thaw case will reach the
Appellate Division for argument by the
end OF next week.
Sheriff Grifenhagen and Warden Han
lev of the Tombs, TO both OF whom the
first writ is directed, disown that they
have custody of Thaw. Both assert
that he is in the others custody
/ Counsel for the state will probably ash
1 that he be sent back to Matteawan
pending the argument of the writ. DR.
Kieb and asylum attendants will be on
hand to take him in charge in case the
court so orders.
Not content with the legal complica'
lions already involving the case
1haw's counsel also had papers Tor
federal writ of habeas corpus prepared
TO use in case that should be neces-
sarv TO save him even a. temporary
visit to Matteawan. This is based on
the theory that he is denied his con
stitutional rights.
They will also fight to have him re-
} leased on bail pending the final adJudl'
/ eaton of his case. Failing IN TINS, they
are willing TO let him remain IN the
/ Tombs, although he IS now cleared OF
AL criminal charges, and the Iomos
is penal Institution.