New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-08-13
A PAR4NOTAC.

The result of the Thaw habeas corpus action
ought 10 prove an effective check 10 the
further excessive use of that writ 10 deliver
this Young homcidal maniac from Matteawan.
His case has had most elaborate. painstaking
and unbiased hearing; his counsel enjoyed great
latitude in the presentation of all kinds or
evidence and the consequence has been to
clear up whatever doubt may have existed in
the public mind regarding the prisoners sanity
and to establish beyond question his affection
with persistent decisions. His own behavior
in court and on the witness stand was not that
of a personnel sound mind. His daily state
ments TO the press-for example, that one issued
Yesterday 10 the effect that letters addressed
almost anywhere reached him, wide was his
fame in Mattea wan--his extraordinary activity
with pencil and paper in the courtroom and his
interference with his counsel all betray the alb
normal egoism of a deluded mind. 1t was not
mere rhetoric which led him in the past TO COM
pare himself 10 David. the slayer Of Goliath.
and 10 ST George, the slayer of the dragon.
and 70 regard his act as the act OF Providence.
1t was mental disorder. The same exaggerated
sense of his own importance showed plainly
in his every act in the recent hearing. The
instrument of Providence of little while ago
felt that now the burden of his case rested
entirely upon him. that he was. as Mr.. Jerome
eyes of the world were upon him. that state
ments 10 the press were imperatively required
of him. that the District Attorney thirsted for
the privilege of exchanging airy persihaCe with
him: and through It all he let the public catch
glimpses Of the conspiracy that existed against
his momentous person. Sanity IS one OF the
most elusive Of phenomena. Its borderline
puzzles the wiseSt. But that inflated egolst sat
long enough in the public eye before Justice
Mills 10 inform all the world that he IS men
tally akin 10 the unfortunates who think they
are, as the ease may be- King. President, God
or the Redeemer Of Mankind.
The judge therefore is not too positive when
he concludes that -Thaw's insanity at the com
mission of the homicide paranOia." and
that it is generally agreed that "in case OF true
paranoia recovery is very doubtful" The Court
thus unhesitatlngly finds that Thaw is afflicted
with a kind of madness from which recovery
is almost impossible. Not only has he still
the paranoiacs characteristic egotism, but he
holds the same decisions now that he held at
the time OF his killing Of White. At the hear
ing the public was permitted TO listen 10 the
kind of evidence on which he based his belief
that the architect was an unparalleled monster,
and it was of the most shadOwy description, such
as no sane mind would accept as proving any
thing being chiefly the tales OF a number OF
disreputable women most of whom had some
self-interest. monetary or other, in fostering
Thaw's delusion. OF it the Court says: while
''he has now more evidence against White than
"he then had, IL is all of the same character;
land neither alone nor with what he previously
had warrants his extreme convictions" 1t
is the kind of stuff Of which decisions are
made.
We wish TO congratulate Mr. Jerome on his
mastery handling of the case. He never ap-
peared to greater advantage than in establish
ing Thaw's insanity and bringing into strong
relief all his mental peculiarites. 1t was ac-
compllshed with infinite SKILL but when the
District Attorney got through every one felt
that there at last was a perfectly consistent
explanation of Thaw the theatrical homicide,
the writer OF strange memoranda the employer
OF incessant new counsel. And Mr.. Jerome's
achievement was all the more impressive be-
cause of the obstacles in the form of rules of
evidence. which seemed absolutely out of place
in the investigation OF a medical question.
placed in his way Privilege kept the strong
est evidence sealed. 1t was even for a day
a question whether a threat 10 kill was not
privileged! Mr.. Jerome's services to the COM
munity in this case have been almost invalu-
able and we hope the public will recognize
with due appreciation that they were rendered
outside his Jurisdiction and in what would
naturally be a vacation season.
Justice Mlls's conduct of the hearing was
admirable and his opinion is an impressive
document 1t ought to have weight with other
judges TO whom applications for habeas corpus
writs may be made and lead them to exercise
their discretion 10 cut short further inquiries
into Thaw's sanity.