| Show ENTITLED TO A FAIR TRIAL Harry Hany K Thaw Will Be Ee Given an Opportunity to Prove That He HeIs HeIs HeIs Is Now Perfectly Sane Nyack yack N Y Jan 16 Harry K Thaw will be given a trial In New York City to determine whether he Is sane or Insane An order to that effect was Is Issued Issued issued sued today by Justice A S Tompkins to whom an appeal asking for a trial was made by Mrs William Thaw Har Harrys Harrys Harrys rys mother Under Justice Tompkins direction he will not be given a by jury Mrs Thaws petition requested such flUch a hear hearing hearIng hearing ing but as Justice Mills had already refused to grant a similar request Jus Justice Justice Justice tice Tompkins denied that portion of or orthe the petition and ordered that the case be heard before a court or judge of or New York City with or without the assistance of or a referee as the trial judge may decide The questions presented pre to Justice Tompkins for his decision Include the validity of or the commitment the present mental condition cond of the prisoner and whether It is now safe sate for tor him to be at large Justice Tompkins decided that he will not consider the question of validity as 81 that hag already been passed upon adversely by Justices and Mills and Is Js now now on appeal to the ap appellate appell pell te division The question ques ion of or Thaws present san sanity sanIty sanity ity Justice Tompkins says is entitled to be fairly tried and determined |