New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-22
4 THAW LUNAoY COMMIssIoN.

The aDDlcstion for a commission to inquire
into the sanity Of Harry K Thaw, the defend
ant Ia the Stanford White murder trial, is
proper step IN the interest of justice, II being
the District Attorneys opinion that the court
is entitled to know whether the prisoner be-
fore It is competent or incompetent whethT
or not he has now a sufficient degree OF menIaI
soundness to be properly on trial for his Hfe
The application for such a commission had 10
wait until there was evidence before the court
raising a question of the defendants present
competency. That doubt was suggested by MI
Jerome on Wednesday.
The defence has cOntended that Thaw was
insane at the time of the shooting. and it intro
duced evidence that led its experts to declare
that he had also been insane at certain times
in the past, particularly at the time Of his
marriage and the signing OF the remarkable
codicil 10 his will Certain letters of the de
PENDANT were also put in evidence, tending 10
show mental unsOundness before the killing Of
Stanford White. The same experts reported
improvement Of Thaws mental state during
their observation Of him in the TOmbs, but
there is no evidence before the court to show
that, II he was insane at the time Of the muir
der, and, though improving, continued In
disturbed mental state up to the time Of his
examination by the alenists he has now. SUI
fciently recovered to be competent for trial
and, furthermore, there is no evidence before
the court TO show that If he was insane at
certain times in the past he has not been con-
dnuousy insane up TO the present. On the
contrary, OF the experts who examined
him, DR.. Hamilton. is of the opinion that he
was insane at the time of the murder and re
mains so to-day, and is incompetent to advise
with his counsel. Many facts, moreover. re
garding his mental condition and the predeter-
miDiuu Influences Of fba =
torney was prevented by the rules of evidence
from bringing TO the attention of the court at
the trial proper. All of these considerations
create suitable basis for an application for
an inquiry into Thaw's present mental sound
ness before a submission to the jury of the
question Of his guilt or innocence.
The District Attorney in his application for
commission in lunacy appears to have been
moved solely by desire to see perfect Justice
done. Ii seems TO US that throughout the tria!
this ideal-the desire for Justice not for CON
victiOn for its own sake and a professional
uiumph-has been maintained by Mr. Jerome
with consistency rarely seen in recent years
in the conduct Of New York's sensational muir
der cases Several famous trials will readily
occur 10 mind in which the public prosecutors
conduct contrasts unfavOrably with the con-
duct OF Mr.. Jerome in this case. The heat OF
legal conflict often infames a prosecutor with
The passion for victory any terms. CON
viction becomes his sole aim, to be fought for
with all the intentness of an attorney fighting
a clients battle in civil case A higher idea!
OF the posecutor's duty requires that he shall
seek for justice, not esteeming acquittal for
the innocent a professional defeat-as II he
held brief for the gallows! Mr.. Jerome has
conducted this case with a deep concern for
the interests Of justice. Asperities Of temper
under the strain Of so long and wearing trial
nave inevitably been shown but throughout
there has been unusual fairmindedness. The
brutality which has too often marked a prose
cutOrs examination Of witnesses for the de-
fence In sensational cases has been conspicu
Ously omitted
The cross-examination Of young Mrs. Thaw.
the most striking incident Of the trial. was car
rled on IN tone and with tact In which hui
mainly was not sacrificed to justice nor tus.
lice to humanity. The District Attorney has
not sought to prove Thaw sane, but to find
out whether he is insane or not. and this an
! pllcauon is consistent with and the logical out
| come or that fairminded attitude The public
VIII be better satisfied with the results of the
trlal' Whatever they may be, because of an in
curry by commission, whatever be its concIu-
sions; for 1t is abhOrrent to the public sense
OF justice that man should be on trial for his
NE regarding whose sanity, whose competency
70 ADVISE with his counsel doubt exists