The Marion daily mirror. (Marion, Ohio) 1892-1912, 1907-10-31

DELAYS IN CRIMINAL CASES.

stanford White was killed on the
might OF June rs, 1906, but his slay-
er was not brought to trial till Jan
uary 20. 1907. The long and ted
|ious trial failed and Thaw haas been
lin prison ever since awaiting "a scc-
lopd trial which Is ,understaod ytp
Ihaye been. set for h month or two'
hence. This has been made the %,
casion OF some newspaper serrn6nl-
lizing on the delay OF Justice and
there has been a tendency to score
District Attorney jerome for the pro-
tracted postpoiiement. He is told
that the Constitution of the United
States contains clause providing
that "the accused shall enjoy the
right to a speedy trial What this
clause has to do with 1.-THE trial OF
IThaw which will be under the laws
of New York. Is not explained.
Whether the case could be removed
Ito the United States Court or not
lis not intimatet. :"
The first trial. however. was with
out unreasonable delay under the un-
usual circumstances surrounding 1t.
1T was prolonged to most tedious
length by the, complications arising
out of the guarding of Evelyn Thaw's
story about her treatment by White
from the usual legal treatment. No
evidence was permitted to show that
Evelyn's evidence in which she had
lplainly been carefully drilled, was
la lie. II was adfuced to show that
Thaw. had been set crazy by the
story as told to him by his wife and
was therefore not to be held account
able for the murder of White.
Lecturing on the delay will not
have much effect to change public
|opinion as to the guilt of Thaw.
The long waiting has been no doubt
Iof much advantage to the defendant
as to the prosecution He has needed
all the time he can get Any man ac-
,cused of sensational murder increas-
ed his hopes of acquittal by getting
delay. A story which took long
thine in telling and which is not COM
monty believed. and the refusal of
the Court to hear evidence in de-
NAL made the delay, and is main
tanning 1t still. Are we to have the
same odd miserable and utterly i'm
probable recital over again and the
same Introduction of evidence that
|it was az fabrication?
1t Is true as claimed, that long de-
'ferred murder trials involve the risk
of the death or disappearance of i'm
pOrtance witnesses. but the chances
in such hazard as that are all in
favor of the accused man. Thaw Is
not being persecuted. but the indica-
tions are that he will be persecuted
to the last FEASIBILITY. Whether the
rulings to the prisoners advantage
were right ror not, common sense
teaches that they were exceedingly
unfair In morals to the state They
turned the trial OF Thaw for mur-
der into the trial OF Stanford White
on his life reputation and that trial
after his death The defense was not
entitled to more consideration than
1t got. or than 1t is getting now. The
story that saved Thaw from the pen
,alty was past human belief.
1t VIII be exceedingly interesting
to watch the next trial. II there shall
be one. What will be the legal at
titude as to Evelyn's testimony
What new light have the lawyers
Jon the subject? Will there be new
decision by another Judge? VIII
IThaw be electrOucted? Or will the
plea OF insanity be offered and ac-
cepted. and the accused man doomed
TO life long surveillance? A yer-
alct OF temporary alteration would
be burlesque. -