The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1907-01-26
SOME sPEcuLArIoNs AS TO THE
TRIAL AND THE LINE OF
DEFENSE.


the result Of the trial of 'Thaw would
be. It was observed that the answer
came instantly and with sincerity. al.
though It was somewhat ambiguous.
They said: "He will be cleared. We
have no doubt of that"
It was left to the inference of each
of those who heard this answer what
It's meaning was, whether the counsel
expect to secure a verdict of not gull.
ty or whether they meant that, being
found mentally unbalanced, he would
for that reason be declared irrespon.
sible, and in that sense not morally or
legally accountable for the homicide.
Certainly the counsel expect that this
wealthiest person ever accused Of
homicide in a New York court will es.
cape the electric chair and even life
imprisonment unless 1t should SO hap
pen that, being imprisoned as a Grim
inal insane person he SHOULD not re-
cover his sanity in the asylum. but in
stead should die in that place.
Unless there come. some disarrange-
ment Of plans, the trial of Thaw should
be well under way before the end of
the week. In fact, so far as the dis
trict attorney is concerned. the pre-.
sentation OF proof need not neees-
sarily occupy more than few hours.
District Attorney Jerome Is compelled
to do more at first than to prove that
Stamford White was shot on GER
tain evening in certain specified
place and at a specified time. Next, he
must prove that the homicidal shots
were fired by Harry K. Thaw, and
that he was Immediately captured.
and It may be possible for the district
attorney Aso to prove that Thaw at
that time made confession that he did
aim the pistol to fire the shots at
Stanford White.
Testimony of that kind would re-
quire not more than perhaps one day.
There may come, however. Interrupt
ton, in Introduction of another pro-
ceeding, and there is no member Of
the bar at New York who has given
any heed to this case who does not be-
lieve that IL the published reports of
the homicide are correct, then in no
other way than by the introduction OF
this defense can Harry Thaw escape
a verdict of guilty of murder in the
first degree.
\ 1t may be, however, that the coun.
sci will undertake to show that Thaw
was not irresponsible just before the
shooting, nor in fact soon after the
homicide, but that at the very mo.
ment the crime was committed he was
under the domination OF such over
whelming impulse as to have no re.
sponsible conception of what he was
doing. That is sometimes called, al
though rather inaccurately, the plea
Of emotional insanity.
The third plea that may be offered
will consist OF request to the court
that there be examination Of TRaw
with intent to discover whether he "a
now suffering from some physical
lesion. some disintegration of the
brain, which would justify the immedi.
ate removal Of him from court Of
justice to an asylum. That means, of
course, the committal Of Thaw to the
asylum for the criminal insane, SO
that II the medical authorities should
afterward report him sane he would
still be liable to prosecution upon the
Indictment for murder.
While 1t cannot be known for Ger.
tainty precisely what appeals have
been made to Thaw or to those who
are very near to him, yet the reasons
are very strong for inferring that
counsel, without exception, and sure
ly the counsel first retained, are Of
the opinion that Thaw can only es.
cape conviction Of a capital offense by
the proof that he was or Is now or
has for many years been morally and
mentally. and therefore legally, ire.
sponsible; that he is, in fact, a danger.
Gus person and has been and that
while he committed no sin, being ir-
responsible. nevertheless, for the safe.
ty of the community, he should be
confined until he RECEIVERS his mem
tai health.
It is also reasonably Inferred that
all of the distinguished allienists who
have had opportunity to examine
Thaw, although some of these op-
portunities were for no more than
superficial examination, have no
doubt that he should be transferred
Immediately from the court of Justice
to an asylum for the insane.
It is very doubtful whether the
court will permit the Introduction OF
Testimony tending to show any prior
relation of Stanford White with the
| Nesbit family. unless that testimonv