The sun., 1915-03-10
THAW LEGALLY
IN MATTRAWAN.
RULES JUSTICE
Blow 10 Defence When At
tack on His Commit
ment Fails.
ATTEMPTS TO RAISE
SANITY ISSUE FOUGHT

One of Harry Thaw's hopes of liberty
was blighted yesterday when Justice
Page declined TO agree with John Il.
Stan nhheld. Thaws chief counsel tnat
the original commitment ou which
1haw was detained in Mattc.,wdu was
Illegal
Mr.. Stanchheld's contention was that
Thaw was Illegally held at Matteawan.
and the charge that ne cons srirej to de-
feat the administration OF justice hy
escaping could not. like the house of
cards. stand.
The Penal code was produced to show
that the order committing him to Matte
avian should have read until he snail
become sane and not. ~ 1t actually
does read. until he shall he discharged by
due process of aw.'
Justice PAGE did not hes tate Iu maxi
Ing his ruling on this point. He held
that the wording used IL legal because
Jhaw could legally obtain his re
lease from the commitment only
through being declared sane ny
the Matteawan authorities or by re-
course tp habess corpus proceedings.
either of which methods would he by
due process of law
sanity Point Bobs -.
All day yesterday the Criminal
Branch OF the Supreme Court was the
scene of great deal of schem'ng OIL
the part of Thaws lawyers TO create a
situation in which the sanity issue could
be favorahly brought before the court
for a ruling. But as many times as the
attempt was made ii failed. and the
ft,t. ig.ttY N.at,F
with the question still hanging Are
At one time during the afternoon it
looked very much A. II the court would
have To rule on this subject william
Gordon. the proprietor of the Holland
Hotel. near Mattsawtn. wIs on the
stund Mr.. SianchHe,d was asking him
II during 1905 Thdw had appeared 10
him on the occasions when they had met
as a man of average appearances and
normal actions.
81 object called out Franklin Ken
nedy. Deputy Attorney-Geneial
Every one had known what was COM
ing Thaw was sitting on the edge OF
his chair. his eyes passing quickly from
Mr.. Stanchneld 10 Mr. Kennedy and &
Justice Page. Mrs. Mary Copley Thaw.
Thaw's mother. moved notceahly for
ward in her chair The proverhial pin,
had any one dropped IL. would have
been distinctly heard
II object" continued Mr.. Kennedy.
"to this examination as entirely ir-
relevant and having 10 bearing on any
proper issue in this case. IL II IL the
intention of counsel that the examina-
tion is relevant to the question OF PROV.
ing Thaw sane al the time he escaped
from Matteawan, then | object that
II is not proper issue here The
indictment does not charge Thaw with
the crime of escaping from Mstteaw9n
1t charges him with conspiracy
Defence Loses Point.
"If that is the ground" said Justice
Page, "on which counsel is proceeding.
shall sustain the objection"
Mr. Stanchteld sat down. Nr. Ken
rcdy sat down. For the space ~ a
minute Thaws trial remained in ahey-
snce There were whisperings between
counsel for both sides. Then Abraham
Levy, retained IN behalf OF the FIVE
codefendants with Thdw. arose and re-
sumed the cross-eNam mination of Cor
don.
The ruling, which was somewhat am
biguous in light OF the wording OF the
objection, meant. as Thaw's counsel un-
derstood II. that Thuw's mental condi-
tion as far back as 1905 was irrelevan;
20 the present issue At trial In other
words. the occurrences of date 81
long previous TO the escape were held
to be too remote TO he admissible
The prosecution, however. considere q
that 1t had won an important point
and the three attorneys on that side
Kennedy. Cook and O'Malley. said a.
much. The defence, II 1t was put ou,
did not admit II, but Thaw himself re-
manned mentally prcoccupied for halt
an hour after the occurrence
The Harry Thaw who sat in the Su.
preme Court room yesterday. his face
Tat. his hair shot with gray, was by no
means the Harry Thaw in actions who
sat in the same place In 1907 and
fdgetted. fused and wrangled with HI.
counsel while he was being tried for The
murder of Stanford White
lie was quiet. az he had Deen on tn,
previous day. Occas onally he smiled
occasionally ne said a word to one OF
his lawyers for the most part. however
he might very we'll have been taken fol
a chance spectator.
Jurors in Good Humor.
Put whatever his thoughts may h,y,