The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-05-26
!Tha,y's Rights Not Violated.

Thaw's Rights Not Violated.
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 hos
pital until sane, under the provisions
of section asa OF the Code of Criminal
Procedure. and Thaw, having had this
opportunity of fun hearing, this
right to be represented in, person and
by counsel, this right of offering proof
in his own behalf as to his present
sanity. and to be fully heard In his
own behalf. there was no violation of
article l. section 8. of the Constitution
of the State of New York. nor of ar
ticle II of the United States Constitu-
tion.
"Thaw had the opportunity In the
trial to introduce evidence of his men
tai condition at that time, which he
did do lie should have known that the
adjudication of.the court would follow
a verdict OF not guilty by reason or
insanity: he was represented by able
counsel. who urged the jury before
whom he was tried upon charge of
homicide to acquit him because of~his
insanity.
II have made careful examination of
the authorities and do not find that
the statute has ever been passed upon
by any of the courts In this State. 1t
has been in existence and operation
for many years without question. ana
1t 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 a reasonable
doubt, and upon such determination
the result which may follow from one
construction or another is always a
potent factor and 1t sometimes is ana
O. itself conclusive.
Public safety Ia First.
"In constituting this statute II shonid
be borne in mind that the safety ana
welfare of the community Is OF more
importance than the freedom Of the
individual
ut is we'll settled that where there
Is right of an appeal no court shou.a
declare in the first instance statuts
unconstitutional unless It's unconsti-
nationality is plain, especially when the
statute has been long In force and Its
has never been Dues
toned. This may we'll be the rule
" llcn the effect OF "a declaration OF un-
would be to free from
needful restraint number OF persons
Of unsound mind Of whom 1t has been
a dtudeed by competent courts that
their going at large would be danger
Gus to the public peace or safety,
1.-THE relator claims that the sta.uta
does not provide a method by "htct'
Thaw can be discharged. Section W
of the insanity law provides: any =.
mate, not a convict, held upon an Or
der Of a court or Judge in criminal
proceeding may BIO discharged there
from upon the superlntendents CO.
tif1cate OF recovery, made 70 anu a.
proved by such court or Judge
No Injustice Done Thnw.
~ believe no injustice has been dohe
TO Thaw, or will be done 10 mn,
depriving him Of his iiberty a nne ~ st the
time as he can be dlscnar5 -
method prescribed by law.
"Reoring in mind that the usual pun-
,shment for the act which lea up % NV
detention of said Thaw is deatn, Q.
long term Of imprisonment ana lllae
said Thaw escaped the consequenn1
az such act solely by reason OF ~.
existing mental condition, | 40 hot
deem it proper to allow ThaW MS !teo-
dom. Suffering as he Is from some own
or insanity, with the posslple reeul
renee of an attack similar to that when
the Jury believed he was suffering
from when he killed Stanford Whlte.
"In view OF the existing mental con-
ditlon of said Thaw the safety OF the
public Is better Insured by his re-
manning In custody and under opser-
walton until no has recovered, or unil
such time as 1t shall be reasonably
certain that there is no danger Of
recurring attack Of the delusloh or
it may be,
,The writ is dismissed. The order
the said Harry Is. Thaw can
be settled on notice pursuant to supu-
lation"