Show lIAS IliA W BECOME SANE I I I Justice Tompkins Says He lie HeIs lieIs Is Entitled to a Trial on This Question I Nyack yack N Y Jan 9 Harry K Thaw Is entitled to a trial on tho iho question of or whether ho has recovered his sanity according to Justice Tomp kins who today heard arguments on ona ona ona a writ of habeas corpus obtained by Mrs Irs Mary C Thaw his hi mother In applying for the writ Mrs Thaw do de declared dared that Harry K IC Thaw was not nota a criminal having been acquitted by bya byI a I Jury and that ho Is IB now sane sano and hould not nol be In prison Thaw was brought rought down from fro the lie asylum today tollay to bo be present at the tho hearing h He IIo was represented by Charles District Attorney ney ne lie Jerome J romo of New Now York county count was wn present Il ont and Asa Bird Gardner seated tho the attorney general and the tho superintendent of the asylum Mrs Thaw Thas and anI Harrys brother brothel JosIah Thaw accompanied the prisoner Mr Jerome asked that the tho proceed proceedings proceedIngs ings lags bo boo transferred to New York county count where he said 5 hl the sanity san It of Thaw w could be determined finally Tho The district f attorney declared that bat mod modern modera era ern scientific opinion held lucid that Thaw was an an n Incurable paranoiac He saId paid that Thaw was yas a dangerous flat unu should not cit be allowed at largo large Mr Ir Gardiner also asked that thal the case caso he bo transferred to Now York county count Mr Ir opposed It Justice Tompkins said that Thaw Than was entitled to a n trial to determine whether ho he had hall recovered his sanity I and was safe to bo be at al large but ro 10 rom served m 6 n I decision oc as lo Ia where whelo the tho trial be DO Ho Hc ed Thaw to lo the tho asylum meanwhile Upon Mr objection on the ground that Thaws counsel was not well wolf treated at the asylum court ordered 1 that Mr should be bo able i ito I to too ice eo Thaw done ilono at any an time i |