New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-03-14
Thaw Is Adjudged
Insane; Swami to
Fight for Return
District Attorney Starts Tie.
dious Struggle to OBJ
tain Prisoner
Mother His Custodian
No Appeal from Philadelphia
Decision, Her Attorneys
Declare

Harry X. Thaw was sdjudged insane
in Philadelphia yesterday, and New
York State is faced with another tedi-
Gus struggle if it wishes 10 get hold
Of its most expensive resident again.
District Attorney Swami intends 10
make every effort to bring Thaw here
to answer to the charge of whipping
boy in a room at the Hotel McAlpin
He wrote yesterday to Governor brum-
baugh, Of Pennsylvania, protesting that
his aliensts had been denied an OPP
portunity to examine Thaw, and TO
Governor Whitman, asking for the aid
of the Attorney Generals Office IN re-
claiming the fugitive.
District Attorney Swami referred to
two United States Supreme Court de.
cisions in his letter to the Governor OF
Pennsylvania, which showed, he sald'
that insanity was no bar TO eXtradltloh'
Nevertheless, the Court OF Common
Pleas in Philadelphia, accepting the
report of the lunacy commission, pro
ceeded to appoint committee 10 tahv
charge Of Thaw's estate ana 20 name
Mrs. Mary Copley Thaw, his mother, as
custodian of his person. Counsei Tor
Mrs. Thaw declared that no appeal was
possible.
Police Guard Removed
For the first time since he was ar
rested on the charge of Turing Fred
crick Gump, jr., to New YORK. IN,
stalling him in a hotter room and
using whips on him. no policeman sat
at Thaw's bedside in St. Mary's hos
pital last night private guard,
more of the type that Thaw used TO
refer TO as his "bodyguard," occupied
that position, and will KEEP watch OF
him until he is taken to private IN
stitution.
Judge Martin appointed J. Denniston
Lyon. a Pittsburgh banker, and Dr
Walter Riddle, the Thaw family pny-
stefan, to take charge OF Ihaws es-
tate, the present income OF which IS
said 10 be between $4,000 and SSO,OOO.
They will file bonds in S6O0,OOO. me
following statement was issued og
James Gay Gordon, Mrs. Ihaws at
torney:
"The inquisition which met yester-
day and heard the case OF Harry N;
Thaw adjudged him to be unatic, ana
the finding was to-day MED IN the
Court of Common Pleas.
"Thaw is now in the custody OF the
sovereignty of the State of Pennsyl-
yania. represented By its court OF chan
Gerry and under the control and protec-
tion OF the court and laws Of the COM
monwealth.
Court TO Control Thaw
"This necessarily settles the question
Of his extradition and rings down the
curtain on that proceeding. Mrs. nav
and her family all desire II possible
that the matter may be dropped from
public exploitation. Thaw is now saie
from harm 10 himself or others. and
the court will hold, control and guard
him. Anything with respect TO MIN
hereafter can only be done with the
sanction of the court"
Testimony before the lunacy commits
sion dealt with Thaw's life in detail
from the age OF twenty-one until ms
arrest in Philadelphia and his attempt
10 take his own life there. Josiah
Thaw and Thaw's sister. Mrs. Carne1i"
were among the witnesses
In his letter TO Governor Brumbaugh,
District Attorney Swami reviews the
Gump case, saying that at first Mrs.
Thaw said her son would be surren-
dered willingly. eff il could be done
without too much publicity" and
quotes her counsel as saying late m
February that alienists representing
the New York District Attorney would
be welcome at the hearings, and as
serts that when his medical experts
sought an opportunity TO make a sec
ond and final examination OF Thaw, on
March 2, Mr. Gordon refused the re-
quest.
He says his application TO Governor
Brumbaugh on March 3 10 set date
for the extradtion proceedings, which
had been started before the commits
sion in lunacy was appointed, remained
unanswered until March 9.
whitman's Aid Asked
The letter to Governor Whitman be-
gins as follows: g.,
81 inclose copy of letter which !
have lust sent to Governor Martin e.
Brumbaugh OF Pennsylvania, from
which you will see the difficulty that
this Office is having even 10 get a
hearing from Governor Brumbaugh on
our apnlication for the rendition OF
Harry h. Thaw from the State of Penn
svlvanla TO the State Of New York for
trial upon an Infamous charge. am
sending YOU this letter TO invoke your
aid and that Of the Attorney General
Of the State of New York in procuring
the return OF Thaw TO this state for
trial"
II was upon a decision of the Su-
preme Court of the United States that
Thaw was brought back from New
Hampshire after his escape from Mat