The sun., 1910-01-25
The state Bar Association and the
Thaw Case.

The state Bar Association and the
Thaw Case.
The New York State Bar Association
was incorporated by the Legislature in
1877 ito cultivate the science of jur-
isprudence, to promote reform in the
law, to facilitate the administration
of justice, to elevate the standard of
integrity, honor and courtesy in the
legal profession and to cherish the
spirit Of brotherhood among the men,
bers thereof"
Thus far its management has been for
the most part wise and conservative and
well adapted to the attainment Of its
professed ends. II has obtained recog-
milton of such a character that il might
fairly be termed a semi-official or quasi
official organization. 1t is allowed by
the State 10 occupy rooms in the Capitol
at Albany. Among it's presidents have
been many leaders OF the bar; We may
mention JOHN X. PORTER, SAMUEL
HAND, DAVID B. HILL, WILLIAM B.
HoRNBLowER, JOHN g. MILBURN, RICH
ARD l.. HAND, JOSEPH H. CHoATE, FRAN
CHS LYNpE STETsoN, and the president
elect, Senator ELIHU RooT.
We sincerely regret to find reason for
criticism of so useful an institution. II
is difficult to understand how any in
teHgent body OF representative lawyers
could be brought to sanction such a
production as the report OF the special
committee on the commitment and dis
charge Of the insane, which was laid
before the New York State Bar Associa-
ton at Rochester last week. This docu-
ment is devoted chiefly TO an intsm-
perate denunciation Of the proceedings
in the case Of HARRY X. THAw, who is
not named, but is characterized as "a
yo.:tA--I. ieosuchee Of great wealth.
II this paper were not the composition
Of lawyers its authors might well be
excused for declaring that the acquittal
of THAw was a miscarriage of justice,
and that on principles of concrete right
he ought to be kept in prison as long as
possible, not because he is insane but
because he h criminal. This position,
however, will hardly do for lawyers.
They know that the jury is the tribunal
TO which the law commits the determine
ton Of the question OF guilt or innocence
in criminal case, and that il a criminal
trial has been fairly conducted there is
no propriety in condemning the result
from a legal point of view. For the
verdict under such circumstances the
jury and the jury alone is responsible
Yet merely because the members Of the
State Bar Association committee are
dissatisfied with the verdict in the Thaw
case they want to abolish insanity as a
defence in criminal prosecutions and
change the law of habeas corpus as il
has existed for centuries.
Under the presidency OF ELIHU RooT
they will be apt to discover that the
Constitution forms an insuperable bar
rier in the way OF their more radical
projects, and we believe there ia too
much intelligence in the Legislature TO
entertain those proposed changes for a
moment. II is a noteworthy fact that
the committee was so afraid or dis
approval by the press that it prefaced
the report with request to treat it as a
personal communication until after the
Rochester meeting lest its contents
should be discussed by the newspapers
in the first instance.
The special committee tells the asso-
citation that the first trial of THAw, by
reason Of the manner in which it was
conducted, degenerated into "a dis
graceful farce" while the second trial
was conducted properly and with dig
nifty. The second trial took place before
Mr.. Justice VICTOR j. DowLING; the
"disgraceful farce" was enacted before
Mr.. Justice JAMES FITZGERALD. Judge
FITZGERALD is an honorary member of
the State Bar Association, whose special
committee under the Craftsmanship of
Mr.. JOHN BROOKS LEAvITT thus holds a
reputable Supreme Court Judge up to
public ridicule and contempt This is
queer way to cherish the spirit of
brotherhood which the charter Of the
association talks about. II seems more
like cherishing the spirit of cats and
dogs.
The committee wants to restrict the
right of alleged insane persons 10 s,Ie
out writs of habeas corpus because Mr..
LEAvITT and his associates are afraid
that THAw will eventually find Su-
preme Court Justice whose head is not
able to control his heart. HE will at
last be found "they say sand then upon
a petition TO him presented by counsel
persona 0rdtu and backed up by the tes-
timony Of medical experts whose favor
able opinions can be bought for cash
the path TO freedom will be cleared Of
all obstacles As to this prediction, we