Show TA W TO BE GIVEN I TRIAL TAL fOR ms IS SANITY CASE WILL BE HEARD BY A NEW NEWYORK NEWYORK NEWYORK YORK CITY JUDGE l His Mother Petitioned For Trial by Jury But Justice Tompkins De Dc Denied nied That Part of Request Nyack N K Y Jan 16 Harry K Thaw will be given a trial in New NewYork NewYork NewYork York City to 10 determine whether he heis Is sane inno or Insane An order to that ef of effect f feet feel was Issued today todar by b Justice A S Tompkins to whom an appeal asking for fi a trial was made mado by h Mrs Mis Win Wm Thaw Harrys Han s mother Under Justice Tompkins direction Thaw will not bo ho given a trial by hy jury Mrs Thaws petition requested such sueh a hearing but as Justice Mills had already refused to grant a simi similar lar lou request Justice Tompkins denied thai that portion of or the petition and order ordered cd ed that the case ense be heard before a acourt acourt acourt court or judge of New York City with or without the assistance of or a refe referee referee I ree as the trial judge may decide The questions presented to Justice I Tompkins for Cor his decision include the tho validity of the tho commitment the pres present eat ent nt mental condition of the prisoner and whether It Is now safe for fot him to be at large fluge Justice Tompkins de decided decided decided that he will not consider the tho question of validity as that has al aI already already ready read been passed upon adversely by Justices and Mills and andie it ie now on appeal to the appellate di division div division vision v lon lonI I The llie question of Thaws present san sanity sanIty ity Justice Tompkins says is en entitled en titled tIthed to bo ho fairly tried and determined ed |