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Show HAS THAW BECOME SANE? Justice Tompkins Says He Is Entitled to a Trial on This Question Nyack, N. Y.. Jan. 9. Harry K. Thaw is entitled to a trial on the question of whether he has recovered his canity, according to Justice Tompkins, Tomp-kins, who today hoard arguments on a writ of habeas corpus obtained by Mrs. Mary C. Thaw, his mother. In applying for the writ, Mrs. Thaw declared de-clared thai Harry K. Thaw was not a criminal, having been acquitted by a-jury and that ho is now sano and should not be In prison. Thaw was brought down from tho Mattcawan asylum today to bo present at the hearing. IIo was represented by Charles Morschauser. District Attorney Attor-ney Jerome of New York county, wa present and Asa DIrd Gardner represented repre-sented tho attorney general and tho superintendent of tho asylum. Mrs. Thaw, and Harry's brother, Josiah Thaw, accompanied the prisoner. Mr. Jerome asked that the proceedings proceed-ings bo transferred to New York county where, he said, the sanity of Thaw could bo determined finally. Tho district attorney declared that modern mod-ern scientific opinion held that Thaw was an Incurable paranoiac. He said that Thaw was a dangerous person and should not bo allowed at large. Mr. Gardiner also asked that the- case bo transferred to New York county. Z.Ir. Morschauser opposed It. Justice Tompkins said that Thaw was entitled to a trial to determine whether he had recovered his sanity and was safo to be at large, but reserved re-served decision as to where the trial should be held. He remanded Thaw to the asylum meanwhile. Upon Mr. Morschauser'a objection on the ground that Thaw's counsel was -not well treated at the asylum, court ordered that Mr. Morschauser should bo able to tee Thaw alone at any time. |