Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-05-25

fact to be stated with TIE Nerdici-'oiii-
mitment of defendant to state lunatic
asylum.
When the defense is insanity OF the
defendant the jury must be instructed. u
they acauit him on that ground. 10 STATE
be fact with their verdict Inc court
custody and they deem his discharge
dangerous to the public peace or safety.
order him to he committed TO tn" state
1unatic asylum until he becomes sane.
Law Is Constitutional.
Tho question of the constituiionaiiiS "t
this law is assaled by the relator IN
that he claims there was no notice given
to Thaw Of a hearing upon the question
of insanity: that no hearing was accorded
to him; that he has been deprived OF MS
liberty without due process oil law alio
that the statute under which he was COM
mitted does not provide method nH
which his mental condition. as theh exist
ing could be legally asccrtained or any
method by which his SANITY couid ne
shown.
THE nconlc contend that Thaw was not
deprived of his liberty without que Ir"c
ess of law. because he knew that II ne
chose to prove upon the trial OF the m
,lictment that he was insane when ne
killed Stanford White. and IL tilat nf
Tense was successful and the Jury &c
Quilted him Of the charge against MN
on that ground, il became The duty oil
the court if ii deemed his discharge dan-
serous to the public peace or safety. 10
order him to be committed Ia the state
Innate asylum until such time AS he
should he legally adjudged sane. He had
the right TO appear in person and TO DC
represented by counsel. and he had me
rieh, to introduce evidence OF MS pfes"ht
sanity.
Thaw's Rights Not Violated.
IF upon all the evidence and the YER
dict of the jury the court should decioe
his discharge to be dangerous to the puo-
lie peace and safety. and commit the oe-
PENDANT To an insane hospital until sane
under the provisions of section 4"4 OF the
Code of Criminal Procedure. ana lhaw
having had this opportunity OF iuh lledl
ing this right to be represented III person
and hy counsel this right or oHerms
proof in his own behalf as to his present
sanity and to be fully heard in his own
behalf. there was no violation OF articie !.
section t.. of the constitution OF Inc state
of New York. nor oi article II OF '"t
United States Constitution
..ThaW had the opportunity in the trlal
To introduce evidence of his mental con-
dtion at that time, which he dld 40. lie
should have known that the ad1udlcatoti
OF the court would follow verdict OF
not guilty by reason of insanity. lie was
represented by able counsel VINO urSed
the jury before whom he was tried upon
q charge of homicide % acqult him De-
cause of his insanity.
Il have made careful examination oil
the authorities and l do not find that this
statute has ever been passed upon by any
of the courts in this state. 1t mas peSh
in existence and operation for many years
without question and ii is the duty OF
the court to presume in favor OF the valid
ity of the statute until its violation OF
the constitution is established beyond all
reasonable doubt. and upon such deter
mnation the result which may iolioW
from one construction another is al
ways a potent factor and is sometimes IN
and of itself conclusive.
Public Safety Is First.
In constituting this statute it should be
borne in mind that the safety and well
fare of the community is of more impor-
tance than the freedom of the individual.
1t is we'll settled that where there is
a right of an appeal no court should de-
clare in the first instance statute I'M
constitutional unless its uncOnstitutiOn-
ality Is plain. especially when the statute
has been long in force and It's constitu-
tionality has never beep questioned. This
may we'll be the rule when the effect of
declaration of unconstitutionalty would
be TO free from needful restraint a num-
Der of persons of unsound mind of whom
it has oeen adjudged by competent courts
that their going at large would be dan
gerous to the public peace or safety.
THE relator claims that the statute
does not provide d method by which Thaw
can be discharged.
Section 30 of the insanity law provides:
Any inmate. not convict, held upon an
order of court or judge in criminal
proceeding may be discharged therefrom
upon the superintendent certificate of
recovery made to and approved by such
court or judge.
No Injustice Done Thaw.
Il believe no injustice has been done to
Thaw or will be done to him by depriving
him of his liberty until such time as he
can be discharged by the method pre-
scribed by law.
Bearing in mind that the usual pun
ishment for the act which led up to the
long term of imprisonment. and that said
Thaw escaped the consequences of such
act solely by reason OF mis- existing mental
condition l do not deem ii proper to al
low Thaw his freedom, suffering as he is
from some form Of insanity with the pos
sible recurrence of an attack similar to
that which the jury believed he was suf-
fering from when he killed Stanford
White.
I'm view of the existing mental condi-
ton of said Thaw the safety of the public
lis better insured by his remaining in Gus
tody and under observation until he has
recovered, or until such time as II shall be
reasonably certain that there is no dan
ger of recurring attack of the delusion
or whatever ii may be.
The writ is dismissed The order re-
handing the said Harry X. Thaw can he
settled on notice pursuant to stipulation.
Thaw Discusses His Case.
After James g. Graham, his attorney
had shown him copy OF Judge Morschau-
egs opinion. Harry *. Thaw gave the re-
porters an interview and talk. yoluby
a bout his case.
He spoke unreservediy OF everything eN-
cepi his wife When her suit for annuI-
ment of their marriage was mentioned ne
stood up and indicated that the interview
was at an end.
His chief theme was the newspaper ie-
ports OF the evidence on his trial. Mut ii
testimony favorable to him. he asserted
vas not published, probably because it
did not appear To the reporters as inter
esting. while undue prominence Was given
10 District Attorney Jerome S cross-eAami-
nation of 1haws experts, because Jerome
knew how to make il Interesting
Thsw did not discuss the action Of the
court He said that Jerome had done
what he deemed his duty.
ALLEGED OIL COMBINE.
Standard Company Begins It's Evil