New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-04-24
THAW JURY TEST
GRANTED; STATE
TO FIGHT RULING
Wrong for Court to Use
Discretion in Case, Says
Attorney General.

Harry X. Thaw is to have jury
trial to settle the question of his san
itv-an adjudication Of his case he has
sought for several years-providing
the decision to that effect, rendered
yesterday by Justice Hendrick, stands
the test Of an appeal to the higher
courts. Attorney General Woodbury.
announced in Albany last night that
he would file such an appeal.
Thaw, elated over his long delayed
victory in his efforts TO have a jury
say whether he is now sane-and an
affirmative verdict surely would mean
his release from custody-went to
sleep last night in the Tombs con-
vinced that nothing stood in the way
of his being found safe enough to walk
the streets of New York without oth-
cial restraint or escort.
His jubilation will be shortlived' Tor
this morning he will have something
new 10 worry him in the form OF the
statement made by Attorney General
Woodbury. last night. This is the
statement given out in Albany;
at is the opinion Of the Attorney
Generals Office that the court is with
out discretionary power to grant Jury
trial upon the return of a writ OF
babeas corpus to test the sanity OF
Thaw. | shall ask for stay OF execu-
tion of Justice Hendricks order grant
ing such a trial until the matter can
be heard by the appellate courts"
Highest Court May Decide.
Mr.. Woodbury's use of the plural in
referring to the appellate courts indl-
Gates that he has in mind taking the
matter to the Court of Appeals if his
appeal to the Appellate Division fails.
On the other hand, if the case should
90 to the latter tribunal, with Ia
vorable decision for the state, 1t is GER
tain that the Thaw attorneys Will take
II higher. With the recess Of the Court
of Appeals beginning about June l, 1t
;s not improbable that the matter will
have to 90 over again until next fall.
"AU | can say is that my mother
will be happy when she hears o1 H.
Tbaw said, as he heard Justice Hen
drick's decision, amid flock OF hands
eutterine about him like excited pig
cons. as emotional sympathlzers strug-
l. q
shakes. RI.
Thaw was not the only one who felt
sense of a lightened burden as
result of the decision. Sherin Grlleh
hagen heaved a large sigh OF relief
"Well. there won't be any object 10
kidnap him now-he's got wnat ne
wants at last" he said, when he was
asked to comment on the plan 10 selze
the prisoner and rush MIN to Virginia
told about exclusively IN The tribune
yesterday.
Thaw was brought into court amply
guarded. Besides Sheriff Grifenhagen
and Under Sheriff Frank Bowers, there
were FIVE deputy sherifs and a I0mos
guard in close formation about NAV
There was more elation among the
Thaw forces at the decision than they
cared to give voice TO. They have not
yet forgotten that the jury Whl0h az
ouitted their client of conspiracy also
reached the unofficial verdict that he
was sane.
That jury reached their finding on a
much less complete presentation OF
proof than Thaw's lawyers hope to
make Of his sanity in the coming ac-
tion. since in the conspiracy trial the
cBurt ruled out all direct evidence oh
the question Of mental condition.
In his opinion yesterday Justice
Uendrick denied the contention Of the
attorneys for the state that he had no
power to grant jury trial of an is
sue of fact in a habeas corpus pro-
ceeding. He cited a number OF cases
as precedents for his conclusion that
the court had discretion in the matter.
lie then took up the further CON
tention of the attorneys for the state
that the code of civil procedure d.
ON mage g.. column