Los Angeles herald., 1908-05-26
Statute Constitutional

insanity.
| Statute Constitutional
81 have made careful examination of
the authorities, and l do not find that
| this statute has ever been passed upon
by any of the courts in this state. 1t
| has been in existence and operation for
many questions, and 1t is the duty of
the court to presume in favor of the
validity of the statute until its VIOLA
| ton of the constitution Is established
beyond all reasonable doubt, and upon
such a determination the result which
may follow from one construction or
another Is always a potent factor, and
is sometimes in aid of itself conclusive.
In constituting this statute it should
be borne in mind that the safety and
welfare of the community is of more
| importance than the freedom of the in
dividual.
1T is we'll settled that where there is
right of an appeal, no court should
declare in the first instance a statute
unconstitutional unless its unconsti-
nationality is plain. especially when the
statute has been long in force and its
constitutionality has never been ques-
toned. This may well be the rule when
the effect of a declaration of unconsti-
tutionality would be to free from need
full restraint a number of persons OF
unsound mind of whom it has been adj
judged by competent courts that their
going at large would be dangerous to
the public peace or safety.
Method of Discharge
THE relator claims that the state
does not provide a method by which
Thaw can be discharged.
Section 80 of the insanity law pro-
vides: Any inmate, not a convict held
upon an order by court or justice in a
ty,or he fGnH a rOA
thereupon by superintendent certifi-
cate of recovery made TO and approved
by such courts Judge.
81 believe no injustice has been done
to Thaw, or will be done TO him, by de-
priving him of his liberty until such
time as he can be discharged by the
method prescribed by law.
Bearing in mind that the usual pun
ishment for the act which led up to
the detention of said Thaw is death.
or long term of imprisonment, and
that said Thaw escaped the conse-
quences of such act solely by reason
of his existing mental condition, / do
not deem 1t proper to allow Thaw his
freedom, suffering as he is from some
form of insanity with the possible re-
currence of an attack similar to that
which the jury believed lie was suffer-
ing from when he killed Stanford
White.
I'm view of the existing mental con-
dition of said Thaw, the safety of the
public is better insured by his remain
ing in custody and under observation
until he has recovered or until such
time as 1t shall be reasonably certain
that there is no danger of a recur-
ring attack of the delusion or whatever
1T may be.
THE writ is dismissed. The order
remanding the said Harry X. Thaw
can be settled on notice pursuant to
stipulation"
Thaw Seems Resigned
Thaw has accepted apparently with
resignation that he is still insane and
that the interests of the public will be
best served by denying him liberty.
Pending the signing of the paper of re-
commitment, which probably will not
be done before week from next Sat
urday, Thaw will occupy Sheriff
CHAMBERS suite in the county building
here. In the meantime an effort will
be made by Thaw's attorneys to induce
District Attorney Jerome to consent
to the commitment of the prisoner to
one of the state hospitals other than
MatteaWan. 1t is said that in event
of Mr.. Jerome giving his consent to
such a change no appeal will be taken
from Justice Morschauser's decision
Even if an appeal were taken it could
not be argued before fall.
After his attorney had shown him
a copy of Judge Morschauser's de-
cisiOn Thaw gave the reporters
statement and talked volubly of his
case and on everything except his
wife, and when her suit for annulment
of their marriage was mentioned he
stood up and indicated that the inter-
view was at an end.
Complains of Reports
His chief theme was the newspapers
reports of the evidence of his trial.
Much testimony favorable to him, he
asserted, was not published, probably
because it did not appear to the re-
porters interesting, while undue promi-
nence was given District Attorney
Jeromes cross-examination of Thaw's
experts because jerome knew how to
make it interesting. He said:
'"rake, for instance, DIR. Jacoby; his
direct testimony was conclusive. but
not interesting. His cross-examination
under Mr. Jerome was interesting and
the newspapers printed it. Probably |
should have done the same as the re-
porters in the same position"
Thaw did not discuss the action of
the court. He said that Mr.. Jerome
had done what he had deemed his
duty
Asked about a report that Evelyn
ThaW would withdraw her annulment
suit in order to try TO have herself
appointed custodian of her husband S
property. Thaw said he had no fear of
any such action. Thaw was cheerful
for a man who had just heard bad
news.
Sends for Reporters
Thaw sent for the reporters a second
time tonight. and gave out state
ment, in which he sought to make
JeroIne's "hot air" fooled the news |
papers into giving more attention to
points adverse to him than to those
favorable to his case.
The Introductory statement in Thaw's
statement says:
This is my first statement since
the day before Christmas"
Then Thaw goes on to say that the |
last evening of court he was called to i
the stand just when the stenographers
hour was up and some time before
the new stenographer entered the room;
meanwhile two flashlights We're ex-
ploded within twelve feet of him,
which was probably what appeared to
make him nervous. He added;
There are two points in my an
swers that Mr.. Jerome understood, but
others might not.
"First-When Mr.. Jerome asked if
/ understood the evidence which would
guide the judge, / objected to evil
dence presented at my trial being used
as though sworn to before Judge
Morsehauser.
"Second-Mr. Jerome's alienists had
testified professionally; therefore, l did
fr.