OCR Text |
Show WIeIT J THAWSFREEDOM Appellate Division of Supreme Court Must Decide on Jury Trial Application. MOVE IS BLOCKED Attorney General Contends Justice Hendrick Has Not Power to Grant New Trial. New York, April 24. Harry Tha' j who went to sleep In the Tombs' prison pris-on last night elated by his belief that he had won his long fight for a Jury trial to test his sanity, awoke today to learn that he must await a deci-Bios deci-Bios of the appellate division of the supreme court before auch a regulation regula-tion would be granted. This new cheek in his attempt to obtain his freedom from the Mattea-wan Mattea-wan asylum to which Justice Page had ordered him, was due to the announcement an-nouncement by Attorney General W nouncement by Attorney General Woodbury that the state would make application to the appellate division for a writ of prohibition against the order for a jury trial granted yesterday yester-day by Justice Hendrick. Mr Woodbury's decision was made public after Thaw had retired for the night. The attorney general contends that Justice Hendrick does not possess pos-sess power to grant a Jury trial on the writ of habeas corpus obtained bv Thaw. The hearing before a jury had been set for May 17 but it was considered likely that it would be postponed by I the state's appeal. |