New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-08-03
THE WIT or HAREAS coRPUs.

The various habeas corpus proceedings in
the Thaw case within the last year or SO give
force 10 the recommendation Of the special
committee of the Bar Association Of this city
that the law of habeas corpus be amended. As
the law Of this state DOW stands. judge has no
discretion. but must grant writ of habeas
corpus whenever one is applied for. a refusal
subjecting him 10 a fine of $1,000. The commit
tee or the Bar Association is going TO ask the
Legislature 10 repeal the section Of the code of
civil procedure containing this provision. and
proposes an amendment in place Of il To the
effect that when il appears that prior applica-
ton for a writ OF habeas corpus has been made
and anal order has been entered dismiSSing the
writ a fudge 10 whom subsequent application
is made for a new writ may refuse Ia grant It.
Such an amendment appears 10 he i'm accord
with common sense. and il would certainly put
a stop to the abuses which the Thaw case has
revealed. Thaw has been in Jail less than year
and a half and in that time he has secured no
fewer than four wrts Of habeas corpus. which
have resulted in two long trials Of his sanity.
He had been i'm Matteawan only a few weeks
when writ was obtained from Justice Morsch-
auser. and a long hearing under ii resulted in
his being sent back 10 the asylum. A few weeks
later another writ was granted by Justice Mills.
A hearing the facts. which had just been
adjudicated, was granted but the Thaw counsel
declined To avail themselves Of this opportunity.
probably thinking that their plan Ia get their
client into Pennsylvania i'm bankruptcy proceed
inSs was more promising than another hearing
under the habeas corpus writ few months
later resort was made TO the habeas corpus act
again and Justice TompkinS granted the writ.
When, however, he very properly sent the trial
of the case 10 New York County the Thaw cOun-
sci declined 10 pursue their application further,
since that disposition Of the case did not accord
with their plans. And again, after another short
interval a new writ was secured from Justice
Gaynor, the hearing under which is now being
held by Justice Mills.
These hearings are not brief and formal. but
have all the detail and circumstance Of a crimi-
nal trial The present before Justice Mills has
been going on for three weeks and with the testi-
mony of alienists and hypothetical questions still
impending, the end may be far off. To he sure.
the case was adjourned for few days, but as
that WIS done expressly in order to give Justice
Mills an opportunity TO familiarize himself with
its history. three weeks have been spent upon It.
A large part of the evidence given at the two
criminal trials of Thaw has been read in court
including the testimony of the alienists on both
occasions. Except for the time necessary 10
obtain a jury, a habeas corpus proceeding 10
determine Thaw's sanity Is almost as tremendous
and dilatoTy were the notorious trials to de-
termine his guilt or Innocence If the public has
reason 10 feel dissatisfied with legal processes
which consume as much time as did the Thaw
criminal trials, il has also ground for guarding
against the needless repetition of long drawn
out habeas corpus hearings. They clog the
courts, consume time that the judges might be
devOting TO other business, and do their part to
add to the laws delay.
Nor would any injustice result II the courts
had the right 10 refuse an application for habeas
corpus on the ground that the matter was
res odjHdicdtd. At reasonable intervals a per-
son confined for lunacy like Thaw should be per-
mitted 10 have his mental state passed upon by
the courts, but the intervals could safely be left
10 the discretion of the judges. The law as it
now stands is susceptible of gross abuse and the
Thaw family are grossly abusing il. They will
ultimately. if they can, make a scandal Of the
writ Of habeas corpus