TUESDAY, MAY 2G, 1908. THE MORNING ASTOIilAN, ASTORIA, OREGON. Absolutely Pure Tho only baking powder mado with Royal Crano Cream of Tartar Ilo Alum, lio Unto Phosphafo au THAW IN RESTRAINT His Plea for Freedom From Mat tewan Denied STILL AN INSANE PATIENT Interesting Analysis of the Law Under Which Hit Legal Status it Found and Declared He ia a Menace to the Public. rOUGllKKKPSIE, N. Y., May 25. Harry K. Thaw the slay er of Stanford White, will nt be re leased from the lunatic aylum. This is the decision rendered by Justice iMarsehauser of the Siurcmc Court in an opinion filed early thin morning, in the matter of Thaw's application for release on a writ of harbeas cor pus. ltoth point' brought up by Thaw's attorneys are decided against him. The justice declares that Thaw is now insane and nhould not be allowed at large and he further declares that the commitment to the lunatic asylum by Justice Dowling after the last trial of the cac wa entirely legal. Thaw' lawyer will to-day apply to the court for permission to place Thaw in some other institution than the Matteawan asylum and by stipu lation with the district attorney, the prisoner will be kept in the jail here until Justice Mnrschauser renders a decision. The justice is holding court at White Plains lhi week and will not be able to hear the application before nest week. Justice Morschau scr' decision is as follows: Upon application duly made, a writ of habeas corpus was allowed by which Harry K. Thaw was directed to be produced in court. In the peti tion, it is alleged that said Thaw is illegally imprisoned and restrained of his liberty by Amos T. Baker, acting superintendent of Matteawan state hospital, a state institution for the in sane. Thaw's detention is attacked upon the grounds: First That he is now sane. Second That the act and the pro visions of which he was committed and detained is unconstitutional and the court was without jurisdiction to issue the order of commitment and such order was null and void. The return to the writ alleges that the said Thaw is now insane and that the statute providing for the confine ment of said Thaw is constitutional and valid and that the court had jur isdiction to make the order of com mittment. The return is traversed by the relator. The events leading up to the comit inent of Thaw, are, in brief as follaws: On June 25, I'M, Thaw shot and killed Standford White, He was in dicted for this act in the county of New York and the indictment charg ed with murder in the first degree. On January 23, 1907, he was brought to trial on the indictment and during the progress of this trial, on applica tion of the District Attorney under Section 658 of the Code of Criminal Procedure, a commission was duly appointed to ascertain whether at the time of the trial said Thaw was in a state of idiocy, lunacy or insanity so as to be incapable of rightly under standing the nature of the charge against him and of conducting his de fense in a rational manner. The com mission afterward resumed to the Court that it was their opinion that at the time of their examination said Thaw was sane and was capable of understanding his own condition and the nature of the charge against him and conducting his defense in a ra tional manner. This conclusion was reached in accordance vith the pur pose of the statute. The trial pro cccdcd and resulted in a disagreement of the jury. On the sixth of January 1908, said Thaw was again tried on said indictment and acquitted on the ground of insanity". Thereupon the learned justice presiding at the trial, upon the evidence made an order re citing the vcrdinct and that the court deemed the discharge of said Thaw at that time to be dangerous to public safety, and directing that said Thaw be detained in safe custdy and be sent 4o the Matteawan state hospital, there to be kept until discharged by due process of law. The proof and evi ilcnce on the part of the respective parties have been ably presented and the matter has been submitted. Thaw, nt the time of his trial for homicide, as a defense, pleaded in sanity and presented proof to show his insanity at the time of the killing of White, and by the proof offered on his behalf, the jury was convinced that he was insane and acquitted him upon that ground. I am satisfied from the evidence adduced before me that the mental condition of Harry K. Thaw has not changed and I find that he is now in sane and that it is so manifest as to make it unsafe for him to be at large. To review the voluminous evidence adduced on the hearing would un necessarily lengthen this opinion. OF Personal Knowledg Personal knowledge is the winning factor in the culminating contests of this competitive age and when of ample character it places its fortunate possessor in the front ranks of The Well Informed of the World. A vast fund of personal knowledge is really essential to the achievement of the highest excellence in any field of human effort A Knowledge of Forms, Knowledge of Functions and Knowl edge of Products are all of the utmost value and in questions of life and health when a true and wholesome remedy is desired it should be rnembered that Syrup of Figs and Elixir of Senna, manufactured by the California Fig Syrup Co., is an ethical rroduct which has met with the approval of the most eminent physicians and gives universal satisfaction, because it is a remedy of (f Known Oualitv. Known Excellence and Known Component Mm JfftrlS anu nss won U1C vaiuauic yuuunagc vi iiwuiviio wi uio tv -u IIUUIMH.U wi UK world, who know of their own personal knowledge and from actual use that it is the first and best of family laxatives, lor which no extravagant or unreasonable claims are made. This valuable remedy has been long and favorably known under the name of Syrup of Figs and has attained to world wiA reertance as the most excellent family laxative. As its pure laxative principles, obtained from Senna, are well known to physicians and the Well Informed ol the world to be the best we have adopted the more elaborate name of Syrup of Figs and Elixir of Senna as more fully descriptive of the remedy, but doubtless it will always be called for by the shorter name of Syrup of Figs and to get its beneficial effects, always note, when purchasing the full name of the Company California rig oyrup Co. printed on the front of every package, whether you call for Syrup of Figs by the full name oyrup ol Figs and Elixir of Senna. II I I I ill H i-f 4tl;w .a. Wl , SAN FRANCISCO. CAU LOUISVILLE, KY. lonpon1:ngla. - NEW VggMj Thaw was committed pursuant to Section 454 of the Code of Criminal Proceedure, which reads as follows: Section J45Whcn defendant is ac quitted on the ground of insanity the fact to be stated with verdict-commit-mcnt of defendant to state lunatic asylum. When the defense is insanity of the defendant, the jury must be instructed f they acquit him on that ground, to state the fact with their virdict. The court must, thereupon, if the defend- j ant be in custody, and they deem his discharge dangerous to the public peace or safety, order him to be com mitted to the state lunatic asylum un til he becomes sane. The question of the constitutional ity of this law is assailed by the rela tor, in that he claims there was no notice given to Thaw of a hearing on the question of insanity, that no hear ing was accorded to him; that he has been deprived of his liberty with out due process of law, and that the statute under which he was commit ted docs not provide a method by. which his mental condition as then existing could be legally ascertained or any method by which his sanity could be shown. The people con tend that Thaw was not deprived of his liberty without due process of law, because he knew that if he chose to prove upon the trial of the indictment that he was insane when he killed Standford White and if that defenese was successful and the jury acquitted him of the charge against him on that srround. it became the duty of the court, if it deemed his discharge dan gerous to the public peace or safety, to order him to be committed to the state lunatic asylum until such time as he should be legally adjudged sane. He had the right to appear in person and to be represented by counsel and he had the right to introduce evidence of his present sanity. If upon all the evidence and the verdict of the jury the court should decide his discharge to be dangerous to the public peace and safety and commit the defendant to an insane hospital until sane under the provis ions of Sections 454 of the code of Criminal Proceedure and Thaw hav ing had this opportunity of a full hearing, this right to be present in person and by counsel, this right of offering proof in his own behalf as to his present sanity and to be fully heard in his own behalf, there was no violation of article 1 Section 6, of the Constitution of the State of New York, or of Article XIV of the U. S Constitution. Thaw had the oppor tunity on the trial to introduce evi dence of his mental condition at that time, which he did not do. He should have known that the adjudication of the court would follow a verdict of not guilty by reason of insanity; he was represented by able counsel who urged the jury before which he was tried upon a charge of homicide, to acquit him because of his insanity. I have made careful examination ot the authorities and I do not find that this statute has ever been passed upon by any of the courts in this state. It has been in existence and operation for many years and it is the duty of the court to, presume in favor of the validity of the statute until its violation of the constitution is estab lished beyond all reasonable doubt and upon such a determination, the result which may follow from one construction or another is always a potent factor and is sometimes in aid of itself conclusive. In construing this statute, it should be borne in mind that the safety and welfare of the community is of more importance than the freedom of the individual. It is well settled that where there is a riirht of an appeal no court should declare in the first instance a statute unconstitutional unless its unconstitu tionality is plain, and especially when the statute has been long in force and its constitutionality has never been questioned. This may well be the rule when the effect of a declaration of unconstitutionality ' would be to free from needful restraint a number of persons of unsound mind of whom it has been adjudged by competent courts that their going at large would be dangerous to the public peace or safety. The relator claims that the state does not provide a method by which Thaw can be dischaarged. Section 99 of the Insanity Law pro vides "Any inmate, not a convict, held upon an order of court or justice in a criminal proceeding may be discharg ed therefrom upon the superintend ent's certificate of recovery, made to and approved by such court or judge." I believe no injustice has been done to Thaw or will be done to him by de priving him of his liberty until such time as he can be discharged by the method prescribed by law. Bearing in mind that the usual pun ishment for the act which led up to the detention of said Thaw is death, or a long term of imprisonment and that said Thaw escaped the conse- POST CARD HALL Entrance Whitman's Booli Store 3000PostCardStock WHOLESALE andRETAIL Free writing desk and material in connect ion, also stamp department: stamps of all denominations; post cards, books of stamps and newspaper wrappers sold. SEE SHOW WINDOW Whitman's Book Store Hill's Famous Dryers For the balcony, lawn, fire-escape, window balcony and roof have a world-wide reputation. They are in a class by themselves. There are no other dryers simi lar or in any way to be classed with the Hill Clothes Dryers. . The Foard & Stokes Hardware Go locorporated . - Successors to Foard & Stokes Co. i THE TRENTON j ; First-Class Liquors and Cigars I 602 Commercial Street Corner Commercial and 14th. ASTORIA, OREGON ! titiiiniiMiinniitMiinMiiiiitiiiiinmmii Sherman Transfer Co. HENRY SHERMAN, Manager. Hacks, Carriages Baggage Checked and Transferred Tracks and Fnrnitari Wagons Pianos Moved, Boxed and Shipped. 435 Commercial Street Main Pbona 121 OBKS SCO! BAY BRASS & II I ASTORIA, OREGON RON AND BRASS FOUNDERS LAND AND MARINE ENCIKEEES Up-to-Date Sawmill Machinery. Prompt attention given t all repair at ark. 18th and Franklin Ave. - TI Maia248t STEEL & EWART Electrical Contractors Phone Main 3881 ... . 426 Bond Street quences of such act solely by reason of his existing mental condition, I do not deem it proper to allow Thaw his freedom, suffering as he is from some form of insanity with the possible recurrence of an attack similar to that which the jury believed he was suffer ing from when he killed Standford White. In view of the existing mental con dition of said Thaw, the safety of the public is better ensured by his remain ing in custody and under observation until he has recovered or until such time as it shall be reasonably certain that there is no danger of a recurring attack of the delusion or whatever it may be. The writ is dismissed. The order remanding the said Harry K. Thaw can be settled on notice pursu ant to stipulation. Valued Same as Gold. B. G. Stewart, a merchant of Cedar View, Miss., says: "I tell my cus tomers when they buy a box of Dr. King's New Life Pills they get the worth of that much gold in weight, if afflicted with constipation, malaria or biliousness." Sold under guarantee at Charles Rogers & Son's drug store. 2Sa SPECULATION MUST CEASE. Theres a Sure Cure for Asthma, Bron chitis, Coughs, Colds and Catarrh, f so Why Should People Speculate ' Remember, Hyomei will cure the above named diseases or T. F. Lauriii will give you your money back. Go to him and ask for a Hyomei outfit, which consists of a bottle of Hyomei (a very liberal supply) and a pocket inhaler that will last a life-time. The whole outfit only costs $1.00, and if at any time afterward you need an other bottle of Hyomei to use with your inhaler, it will only cost you 5(1 cents. Ask him about it. He will recommend it. "I think your Hyomei is a grand medicine; it has done for me what doctors could not do, and I've tried everything. I had such a bad coisgh, and nothing I took did me any good. I tried your inhaler, and I never had anything help me so much or to quick. Wishing you long and pros perous lives, I remain, your true friend, Saba Sheline, Met, Ind." Subscribe for the Morning Astorian. 60c a month by carrier or mail. Subscribe for The Morning Astorian. 60 cents per month. Contains full Associated Press reports, besides aff the news in the local field.