The Washington herald., 1908-07-19
By Ex-ATTACHE.

By EX-ATTACHE.
Just at present, when the ultimate dis
position OF the unsavory murderer OF
Stanford White is engaging the attention
OF the courts. OF the legal profession. o;
the press. and OF the public generally. fl
may De Of interest 70 explain Just what
would be the fate Of Harry Thaw If the
crime laid at his door had been perpe-
trated on yonGer side Of the ocean IN
stead OF IN the United States. There,
as here, he would, on the evidence pro
duced. have been held gulltless. on the
ground OF irrespoasibuitv- European
law IS very liberal in such matters IN
Great Britain, according 30 the most re-
cent rulings Of the House OF Lords. sit
ting as the highest tribunal OF the realm.
defense on the score OF insanity can
be admitted II It be clearly proved that
az the time OF the committing OF the act
the party accused was laboring under
such defect OF reason from disease OF
the mind as not TO know the nature and
quality OF the act he was doing or II he
did not know that he was doing wrong. "
Both judge and jury are always ready 10
give an extremely broad Interpretation 10
the closing words Of the statute. Yet.
the acquittsl on these grounds OF the
prisoner OF the felony with which he has
been charged does not result in his liber-
alton. On the contrary. the judge orders
him, sithOugh guiltless IN the eyes of the
law. by reason OF his responsibility. TO
be detained during his majesty-s pleas
ure"
Asylum at BrOadmOOr.
This means the consignment Of the
prisoner 70 the great penal asylum for
the criminal insane at Br0admoor, one
OF the most remarkable institutions OF
the kind n the world, and which is sit
uated near Crowthorne. In the fairest
portion OF the county OF Berks- From
thence he can only be discharged by war
rant OF the secretary Of state FOR the
home department. acting in the matte
IN the name OF the sovereign.
The secretary Cf state is exceedingly
chary about the grant Of such warrants.
and when IN doubt usually follows the
excellent rule Of abstainlng from exer-
cising his, OF rather the Kings. preroga-
tive Before issuing the warrant he
takes into consideration. first Of al. the
question as 10 the perfection OF the cure.
and as 10 the certainty that there is no
danger whatsoever OF any relapse on the
part OF the prisoner into the mental
obliquity which led him 10 commit the
deed that Drought him within the clutches
OF the law n this matter. OF course, he
relies mainly upon the counsel Of his Of
fetal medical advisers. then he consults
with the law officers and criminal au-
tnor1ues- and II Is only when they all
agree that the patient can be set at llb-
erty. and when, moreover he obtains an
assurance from the friends and the rela-
tires Of the patient that the latter VIII
be thorOughlyscared for and the aUthori-
ties notified IN case CT anything s1s-
piclous, that he finally consents to issue
a warrant for the liberation He issues
il in the name CT the sovereign, &c whose
custody. technically speaking. all insane
are confded- And II he has been guilty
Of any mistake IN The grant Of a warrant
Of this kind. he is called to account not
only By the monarch. but also by Par
lament. exposing himself 10 iupeach-
ment and TO punishment at the hands Of
the latter, IN the event Of his being
proved 10 have been guilty OF undue
favorttisrn OF mslfessance in Office in the
grant OF the warrant for discharge No
Judge, be he lord high chancellor. lord
chief justice. or mere police courI magis-
trate or Justice Of the peace. has the
power 10 direct the removal from Broad
moor OF those who have been ordered 70
be confined there during the pleasure Of
his majesty. That is a prerogative which
IS restricted exclusively 20 his secretary
Of state for The home department
EquivaIent TO Life Sentence.
II. therefore. Harry Thaw had killed
Stanford White in England .he would. &C
cOrding 10 the evidence adduced in his
trials IN New York. have been acquitted
Of the crime by the court On the ground
that he did not know he was doing
wrong" would have been ordered 10
have been detained during his maJes-
tvs pleasure in the great asylum for
the criminal insane Al Broadmoor. and
would have been detained there for the
remainder OF his life. For while the war
rant Of the secretary Of state Is occa-
sionally granted for inmates VINO have
been guilty in moments OF responsibility
OF minor o9enses. il IS rarely If ever is
sued IN the case Of one who has perpe-
trated homicide while more or less insane
Several other classes OF patients are
kept in custody at Brosdmoor subject to
the orders Of the secretary Of state. act
ing IN the name OF the king There are
first OF ALL the men and women who
have lost their reason while serving terms
Of hard labor or penal servitude. Prison
life Is. even n the best conducted OF penal
institutions. productive OF insanity. and
those cOnvicts who thus become a prey
20 dementa are transferred 10 Broad
moor They alone Of the inmates are
compelled 20 wear a distinctive dress.
and when reported cured are. by orders
OF the secretary OF state. returned 10
their respective peuitenfiaries IN order 10
complete the terms 70 wilich they have
been sentenced
Saving the Family Pride.
Stin another category Of patients a.
BroadmOor, and perhaps the most inter
esting Of au are these who are sent
there IN order TO avoid bringing the
stigma OF crime and Of felony. upon the
escutcheOn Of some great bouss. In
Europe. as elsewhere. there are few
families" who are not burdened with
one OF more black sheep. Sometimes the
dusky member OF the flock is constifu-
tionally bad while in other instances he
IS merely reckless and thOughtless: 10
defects Of character which. while not
very serious in themselves. are likely 10
bring men Into such embarrassing posi-
hons that they can only extricate them
selves BY means OF an infraction OF the
laws Of the land II may be q solitary
onense. indeed. il generally is: but new
ertheless, 1t Is sure TO be brought 20 light
sooner or later. and 70 call for punish
ment Sometimes II IS evaded BIZ flight
but not often IN the majority OF cases
the wrOnsdOer is caught. and then MS
oze object is usually 10 preserve the