New-York tribune., 1915-03-14
20 one Of his deputies. ARREST this

TO one Of his deputies. Arrest this
man"
Thaw sprang 70 his feet. This Is
not for publication" he said. in the
direction of the reporters table, but
Lanyon struck first" Thaw has con-
ceived a special aversion for Lanyon'
Lanyon was taken into custody and
led 20 the Tombs police court, but
the magistrate was engaged, so ne was
brought back before Justice Page, VINO
consented 20 take the case.
Lanyon Has 20 Apologize.
"Your action was in contempt OF
court" he said, "but inasmuch as | hao
stenped down from the bench II was
not ms though YOU did il right in the
face of the court. Therefore ] will dis
miss you IL you will apologize to the
court and TO the Sheriff"
Lanyon lost no time In doing that'
ard the Thaw case once more became
the chief issue before the court, as IN
n few moments the jury sent IN woru
they had agreed.
This was after slightly less than
nineteen hours deliberations. From the
first there had been n considerable ma
jority in favor of acquittal. One juror
SAID IL was clRnI 10 iVui' my =
locked up all night, being let out AT
a. m for breakfast.
Their discussions had been resolved
Gown 70 one point-the question OF
criminal intent. John b. Stanchheid
throughout the trial had sought 10
focus attention on this point, both dur
ing the taking of testimony and IN MS
argument.
Ii had been thrown into stronger
prominence when the court at the re
quest Of Mr.. Stanchfeld charged that
II thew found Thaw had an honest mis-
conception as to his legal rights ne
was entitled to an acquittal. Later
when the Jury asked for further IN
structions on this point, the court at
the request Of Mr.. Cook modihed TINS
by saying that they were to consider
Thaw's misconception as bearing on the
question of intent.
II was their confusion and diher-
once of opinion on this somewhat fine
legal point that brought them into
court again yesterday morning at ll:3O
o'clock. They wanted the court 10 re-
neat its instructions and also wanted
read to them Thaw's own testimony on
This point. Here was the testimony
that was read TO them:
What They Had kereau.
az was informed that on account OF
.bo return on my case ilade by other
superintendents at Matteawan the su-
nerintendent was disinclined to grant
mo a certificate of recovery. / felt that
II was impossible to get out. l had
hone. as one will grasp at straw; but
| felt there was practically no real
hope. l was informed that the statutes
did not apply to me or to my commit
ment.
"I felt that if stayed there | might
possibly Justify the returns made
against mel felt that my mental con-
dition would not withstand the horrors
of the place. | talked with lawyers
who advised me there was no law al
fecting my leaving Matteawan so long
as | committed no violence or corrup'
+ion Of anv sort-that is, for a patient
in an insane asylum not held Tor
criminal charge. | was advised that
tho leaving itself was perfectly legal.
~ believed myself to be sane. ! was
exceedingly particular not to commit
env crime. ! had no suggestion OF any
crime and / have none now, except as
this indictment may seem TO imply
some Alfred Henry Lewis and others
advised me it was perfectly law1ul 70
Leave nv train or by carriage don
mean TO 90 out Of the grounds Oh the
institution by carriage, but to leave the
state that way. us,+
~ thought my situation different
from others there. Others IN Mattea-
wan. ACQUITTED of crime, were eltner
released or sent to other civil instltu-
tons
Why He Didn't Plead Insanity.
That was the high point in Mr..
Ctancbfeld's plan of defence for Ihaw'
II served two great purposes 1or ha"'
Those purposes were his release
from Natteawan and his acquittal OF
Tho conspiracy charge. To gain the
first purpose it was necessary lor MN
20 establish his sanity. lhereloIe IL
was jnexpedient for him to advance
rlea of insanity as his defence on 'he
conspiracy charge.
To the contrary, therefore the un-
usual procedure was adopted OF using
sanity, and not insanity, as a oeiehee'
Although Mr.. Stanchteld did not sue
ceed in getting the trial turned mo a
test Of Thaw's sanity, he did succeed
in getting Thaw's own belief OF ms
sanity into evidence as bearing ON the
Thus he achieved the double pur,,
nose. He won Thaw's acquittal. ana
he served the fight for the establish
ment of Thaw's sanity to the extent,
at least, that he did not yltlate ms 10
claim that he is sane by permitting
him 10 be forced into an insanity de-
fence.
one jury, unanimously, though not ON
ciallv. that Thaw is sane. Members OF
the defence were elated at WORD OF
this, and said they would make 1uil
uee ~ il in the coming fight for Thaw's
final release from Matteawan.
For the outcome of yesterdays trial.
double victory as it was for the de-
fence, was far from a conclusive word
in Thaw's fortunes. He IS still under
the shadow Of the Bowling commit
ment which calls for his return TO