New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-03-12

IneSe reports became inc OIHCldI IcS-
ords of the state
AS result of your failure to OBJ
tain your discharge from Matteawan,
what was your belief August IL. 1913,
as to whether you would ever be able
TO get out?" he was asked.
81 believed il would be impossible
TO get out. | thought there was prac-
tically no hope" he said. 81 believed
that if | remained my condition would
become such as to Justify my commit
ment; that my mental condition might
not withstand the horrors Of the place
During the year preceding August
l., 1913, did you discuss with lawyers
who visited you the question as 10
whether you had right to leave Mat
teawan if you had recovered your san
ity?' Mr.. Stanchfeld asked.
Lewis Advised Flight.
ayes; Alfred Henry Lewis. an ex-
District Attorney OF Cleveland, told me
that the inmate of all asylum is not
held on criminal charge, and that
had a right TO leave If ] were sane,
provided ] did not use violence or cor
rupt the keepers. He said that the deed
itself or leaving was perfectly legal.
After consideration, ! decided 20
leave the institution. | instructed one
Of my agents. II. 4. Hoffman, to hire
two automobiles with chauffeurs and
two other men and to have them out
side the gate Sunday morning.
wanted two ~ case one broke down.
81 fixed the hour very particularly,
and told him to have them there just
after : o'clock in the morning. ] fixed
that hour because | knew Mr.. Hickey
would arrive with the milk wagon at
that hour"
con that date did you believe your
self sane?" Stanchfield asked.
81 did,
"When YOU walked out. did YOU have
intention 20 commit a crime
81 was exceedingly particular not
to-" Thaw replied. There was no sug-
gestion Of any crime until this indlct-
ment. ! never saw any Of the code
PENDANTS before August Il. 1913.
Mr.. Stanchfeld then tried TO get into
the record. through questions to Thaw,
the findings as to his sanity of the Nc
Clure commission, appointed in 1908
By Justice Fitzgerald and the commits
SIGN appointed last year in New Hamp-
Shire by Federal Judge Aldrich in the
oNtradition proceeding.
He was blocked in this by the OBJ
iections Of the prosecution and the
rulings Of the court. Both OF these
findings were favorable to Thaw. Fall-
ing in this, Mr.. Stanchfeld gave hlm
up. and NJ Cook, Special Deputy Az
torney General. in charge OF the prose-
cution, took him in cross-eXaminatlon'
State Queries Stir Thaw.
After a few preliminary questions
they became engaged in a controversy
as TO whether when. ne was on lrlal
for the murder of Stanford White ne
had made a plea of not guilty on the
grounds of insanity
Il made no such plea, Ihaw SAD
rousing with a fighting fash in his
eyes. lone Of my counsel, Martin W
Littleton, of his own volition, put IN
such a plea. | knew H. put ! ulu NOV
authorize it.
But the plea was insanity" Cook
insisted.
"Now | don't want 20 appear cap
tious." Thaw said, smiling. There
was no defence on tie ground Of IN
sanity nut in. There was evidence
tending to show that possibly | was in
sane al some previous date. Not SIN
+
as ! sat in court"
"Was not there an elaborate case
for insanity put in? Did you not sub
ppna your teachers and number OF
friends from Pittsburgh, were there
not great many witnesses called, and
were YOU not acquitted on the grounds
of insanity" Cook said, apparently
bafled by the answers he was getting.
"No. sir. | don't want 10 be dis
agreeable. but that was not the
grounds at all" Thaw maintained
stoutly.
"WeU," said Cook. was it not on the
grounds that you were insane at the
time of the killing of Stanford White ~
eyes. that was it," readily assented
Thaw. He had won his point as a
stickler for exact accuracy OF the
statement OF the facts.
From this point Mr.. Cook led him
over history Of his various attempts
BY lawful means to get out OF Mat
teawan. Thaw answered all questions
promptly and with precision, giving
dates. places and rulings in detail lie
also catalogued the succession OF SUI
perintendentS in charge OF MatteaWan
during his stay there.
Did you apply to any OF these su-
pe~intendents for certhcate Oh re-
covery by which you might procure
your release" Cook asked HIM.
ITO be exact. | did not Thaw re-
piled. 81 mace the fullest llqulrles as
TO the possibilities oil getting one.
was informed that the statute did not
applv TO nv case, and ! could not get
ole. There were four classes of cases
TO which it did not apply. ] was told,
and that the superintendent had no
right to give one to any one committed
as | was. ] was so positive that II
would be useless ! did not apply
Mr.. Cook then asked Thaw If he knew
John y. Anhut. TO which he replied
T. he did. Then came the query,
Did you have any business relations
with him ?"
Nr. Stanchfield objected to this ques-
ton as irrelevant and VS. sustained by
the court. Then Franklin Kennedy,
DEBUT Attorney General, assisting IN
the prosecution, Jumped up.
81 think the fact that he tried TO get
Anhut to offer DR.. Russell 100000 for a
certihcat, of recovery makes IT rele-
want" he shouted.
NO. no." and chorus Of groans
came from the lawyers for Thaw and
the co-defendants.
THAT is the most grossly unprofes-
sional conduct nave ever witnessed
said Mr.. Stanchfeld.
The court looked severely at Mr..
Kennedy, and then said 10 the jury,
Gentlemen. you will disregard en-
tirelv the remarks of counsel for the
prosecution"
"Who else told you it was your legal
/ right 10 leave Matteawan?'
Then came a peculiar answer. Thaw
apparently considering that the ques-
/ tion included all opinions he has heard
! eNnrcsscd since his cscane 10 the eff