New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1908-10-13
THAN AND THE COURTS.

Justice Mills has sent Thaw back to Mattea-
wan where he belongs: the scandal Of the com
modiOus hotel quarters in the county jail alid
of the frequent automobile rides is at end, am
every respecter of the law hopes it never VIII
ba reneated The reliance that it will never
he repeated will have to be the courts. The way
the use Of their discretion in shifting ThaW ["
the Duchess County jail has worked in this
instance should be an example to them I'D tue
future Let him have justice. neither more nor
less of il than the ordinary man of common
means can procure. When there is room for
the exercise of discretion over his technical
rights that discretion should be so exercised
as to prevent him. with the great fortune AT
his back from bringing the law into unneces-
sary contempt and derisiOn. The laws were
constructed with the average man in view.
This is q trite observation, but the IhaW case
enfOrces It, Such leeway as the judges possess
in their application may we'll be used with the
fact constantly in view that the 1haW case
is not an average case. that the laws do not
contemplate the use of millions in their defeat
An instance of what mean is the transfer
of Thaw from Matteawan to a county jail. In
the case of an average man of small means mat
might have been harmless and concevably
justifabe proceeding. In the case of ThaW
il bred a scandal, taught contempt of law, and
threw doubts on our capacity as sef-goveTn-
ing people 10 administer criminal justice With
out sentimentality, guSh and folly. ANA
heaven knows that after the early incidents OF
the Thaw the state needs indications or
austerty. rigor. efficiency and equity that has
no respect of fortunes 10 restore public selfcon-
fidence and poise.
Thaw should be in Matteawan not merely be-
cause that is the only safe place for the keeping
of homicdaI manacs but so that his sanity
NAV be under the observation of impartial
alienists. Then when the question is raised
regarding his sanity-as II will be from time
TO time so long as his family continues to
souander its fortune to accomplish his re-
lease-some one who has had opportunity
to study and observe him besides his own
hired alenists will be ready 10 come forward
and testify regarding his mental state.
Moreover. as we recently pointed out, when
eyer the issue of his sanity is raised under 4
writ of babeas corpus the Justice of the Su-
preme Court in whatever part of the state the
application is made should send the trial of the
question TO the Supreme Court in New York
County In this wealthy county the District
Attorney will have adequate funds to guard
the interests Of the public in the face of lavish
efforts to defeat justice Here moreover. most
of the witnesses reside and here the judges
on the bench and the attorneys representing the
neOpIe are familiar with the history of the case.
The sending of such trials TO this county is
discretionary with the courts. The hearing OF
them in such remote parts of the state as the
Thaw attorneys will choose for their own pur-
pose would leave the interests of the state very
nadequateiy represented
The Thaw counsel now appear 10 have three
legal proceedings under way in their effort {"
get their client out of ia-an appeal from
Justice MorschaUser's ruling sustaining Justice
ritrbt In tD
wan: an appeal from Justice Millss decision
refusing Thaw Il jury trial on the question OF
his sanity, and The bankruptcy proceedings in
Pittshurg This last is an effort To get Thaw
out of the jurisdiction of New York State. have
him there declared sane aud thus released. In
this ingenious scheme to use the federal courts
10 defeat the ends of justice in New York the
next steps will probably he taken. If 1Eaw
is removed to Pitt Sburg for examination in
hankrIIptcy, it should he only order of
the federal court there which viii require his
PROMPT return to the custody of the authOri-
ties of this state Unless the federal courts
are ready to lend themselves TO transparent
scheme 10 get around the Jurisdiction Of this
state and put the burden of proving his iIsan-
ty on his own counsel and advisers they should
refuse TO go into the question of his mental
condition. They should refuse. further because
this is a question on which the courts of this
state have already passed, and which is
over properly in the hands of the New York
courts.