Detainment Order of Justice Victor J. Dowling
 Harry Thaw Trial (second trial) 1907


"It appears from the testimony that the recurrence of these attacks is reasonably if not absolutely, certain; that the period of recurrence is incapable of being estimated or even guessed at by human experience, judgment or fore- sight. And nobody has testified in this case that there is any possibility of cure from the condition of manic-depressive insanity. It furthermore appears that, in the maniacal form of manic-depressive insanity in its aggravated forms, there is danger of assaults or murders being committed by the person who is troubled or adopted by this ailment. In the depressive state of this form of the malady, it appears from the testimony that there is danger that a person so afflicted will commit suicide.

"Upon the testimony in this case, apart from any other consideration that might arise, the Court is satisfied that the enlargement of the defendant would be dangerous to the public safety, and the impressions of the Court are very strong as to the duty devolving upon its conscience to see to it that the defendant is not now discharged. The Court therefore, determines as follows:─

" The defendant on his trial on said indictments having been acquitted by the jury, on the ground of insanity, and the Court being certified of the fact of the defendant being in custody, and the Court deeming his discharge at this time dangerous to the public safety, it is ordered that the said Harry K. Thaw, be detained in safe custody and be sent to the Matteawan State Hospital, there to be kept in said hospital until thence discharged by due course of law."


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