Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-05-26
COURT DECIDES THAT
THAW IS STILL INSANE.
Says That Public Interest Can Be Best
Served by Denying Him His Liberty
---Thaw Is Apparently Resigned.

he was insane and acquitted him upon
that ground.
II am satisfied from the evidence adj
duced before me that the mental con-
dition of Harry X. Thaw has not
and it is SO manifest that it is unsafe
for him to be at large.
To review the voluminous evidence
adduced on the hearing would unnec-
essarily lengthen this opinion.
Thaw was committed pursuant to
Section ASA Of the code OF criminal pro-
cedure which reads as follows:
Section 454-When defendant ac-
quilted on the ground of insanity, the
fact to be stated with the verdict
commitment of defendant to state
luliaic asylum.
When the defence Is insanity of the
defendant the jury must be instructed.
if they acquit him on that ground, to
state the fact with their verdict. The
court must, thereupon, if the defen-
dant be in custody, and they deem his
discharge dangerous to the public
peace or safety, order him to be COM
1aitted to the state lunatic asylum,
until he becomes sane.
The question of the constitutionality
of this law is assailed 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 his liberty without due
process Of law, and that the statute
under which he was committed does
not provide method by which his
mental condition, as then. existing,
could be legally ascertained, or any
method by which his sanity could be
shown.
The people contend that Thaw was
not deprived of his liberty without
due process Of law because he knew
that If he chose to prove upon the trial
OF the Indictment that he was insane
when he killed Stanford White, and if
that defence was successful and the
jury acquitted him of the charge
against him on that ground. it became
the duty of the court, if it deemed his
discharge dangerous to the public
peace or safety, to order him to be
committed to the state lunatic asylum
until such time as he should be legally
appear in person and to be represented
by counsel and he had the right to in
troduce evidence of his present sanity.
If upon all the evidence and the
verdict of the jury the court should
decide his discharge to be dangerous
to THE public peace and safety and
commit the defendant to an insane
hospital. until sane, under the pro-
visions OF Section 454 of the code of
criminal procedure and Thaw having
had this opportunity Of a full hear
ing, his right to be represented in
person and by counsel this right of
offering proof in his own behalf,
there would be no violation of Article
l, Section 6 of the constitution of the
state of New York, nor of Article XIV
OF the United States Constitution.
Thaw had the opportunity in the
trial to introduce evidence of his men
tai condition at that time which he did
not do. so he should have known that
the adjudication of the court would
follow verdict of not guilty by reason
Of insanity: he was represented by
able counsel who urged the jury before
whom he was tried upon a charge of
ioHiiCIuc ~ dC4uil nun UeCduSc VI Ills
insanity.
I have made careful examination of
the authorities and I do not find that
this statute has ever been passed upon
by any one of the courts in this State.
1t has been in existence and operation
for many years without question and
it Is the duty of the court to presume
in favor of the validity of the statute
until it's violation of the constitution
Is established beyond all reasonable
doubt and upon such determination
the result which may follow from one
construction or another is always a
Potent factor and is sometimes in it.
self conclusive.
In constituting this statute it should
be born in mind that the safety and
welfare Of the community Is OF more
Importance than the freedom Of the
individual.
Continued on Page Twelve.)