Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1915-04-29
Application Is Granted and Hear
ing Set for May 17---PrisOner
Is Radiant with Joy over Sue
cess of Long Fight.
MAY SET ASIDE VERDICT
Court Announces That Finding
Will Not BE Binding Unless
Obviously in Accord with Evil
dence and with Justice--Opin-
ion Lengthy One,

New York, April 23.---Harry x. Thaw.
slayer of Stanford White, an eminent
architect, has after many attempts
finally succeeded in bringing the ques-
ton of his sanity before jury. The APP
plication for a jury trial. made by his
attorneys in a writ of habeas corpus.
was granted to-day by Supreme Court
Justice Hendrick, who, upon consulta-
ton with counsel, set the trial for
May II.
In announcing his decision Justice
Hendrick made it clear that the jury
was called in ito aid the court by their
advice" and that the finding by the
Jury would not be binding if the court
was satisfied it was not in accord with
the evidence and with justice. The
court, he said. could disregard the
jury's verdict and render his own oe-
CiSion.
Thaw was radiant when he heard the
verdict. Many of his friends were III the
crowded court room and they ana ms
counsel were quick to congratulate nun
on this successful step in his hght Tor
liberty His mother. Mary Copley ThaW'
who has been by his side In al OF ms
years of fighting for freedom. was not
present to-day, but Thaw's first thought
in speaking to his friends and newspaper
men was of her.
THAW'S FACE SHOWS DELIGHT.
This will be very good news for my
mother" he said. my only regret IS
that the hearing will not take place ear
lier than MAY IL"
Beyond this Thaw would not comment
on the decision, in court or later in the
Tombs to which place he was remanded
pending the trial His face and the few
words. however showed the delight he
felt at the chance to show that he is
now sane
Justice Hendricks opinion accom-
panyng the decision was a lengthy
one and showed he had made a careful
study of Thaw's case and of authori-
ties on which to base his decision.
The moot question he had to decide
was whether the court had power to
grant a jury trial. He found that ha
did after study of authorities. and
he decided to exercise such power.
PROBABLY WILL LAST \ WEEK.
In discussing the date for the trial
it developed that the consensus of
opinion by judge and counsel was that
the trial would last only about a week.
John b, Stanchfeld, of Thaw's coun-
sci, said the matter should be settled
in that time and Justice Iendrick
agreed with him. 1t was said later
that there would he no great array
of expert witnesses, such as marked
Thaw's trial for murder. Thaw, IT
was said, would have about ten wit
ncsses all told and it is expected that
the State will call Doctors Macdonald
and Flint, experts who have testified
previously in the Thaw case, and per
haps one or two others.
Thaw's trial on May II will be in con-
nection with the writ of haheas corpus
secured from Supreme Court Justice Blur
some weeks ago. The application for
this writ was based upon the contention
that Harry X. Thaw is not insane and
that he should be freed accordingly,
whatever his condition msh: have been
at the time he killed stanford White.
Mr.. Stanchfeld took the State by sur
prise two weeks ago by asking that the
question of ThaWs sanity, as raised in
the writ be tried ou' by a jury instead
of by the court sitting alone This is a
very unusual proceeding in writ of
ha beas corpus. but Justice Hendrick has
held that it was proper, thus giving Thaw
the chance for which h has fought 10?
years