The free lance. (Fredericksburg, Va.) 1885-1926, 1910-01-25
WOULD AMEND LAW
Lawyers DenOunCe Efforts
to Free Thaw.
HITS EXPERT TESTIMONY
New York Bar Association Commit
tee Scores Physicians and Con-
tinuous Performance Habeas
Corpus Proceedings.

Rochester, n. Y. Jan. 22.-ln re-
port which scathingly rebuked the ef'
forts to liberate Harry X. Thaw from
the Matteawan asylum. the special
committee on the commitment and
discharge Of the criminal insane, re-
commended to the thirtythird annual
meeting Of the New York State Bar
association the amendment Of the ha-
beas corpus law.
"To emphasize the need for this
remedy" says the report, reference
should be made to a well known case
which has been in the public eye.
"a youthful debauchee. OF great
wealth. trained to believe that his
money gave him a right OF freedom
from all restraints, whether imposed
by law or the rules OF decency, inner
itine an abnormality OF mind likely 10
develop into homlcidal acts, leading a
debased and ignoble life, without
thought of the responsibilities which
wealth imposes upon its owner. COM
mits a cowardly murder In a public
resort
"After a second trial. conducted
properly and with dignity, results IN a
verdict Of acquittal on the ground OF
insanity. and thereupon the prisoner
is sent by the court, as required Dy
the statute. to a state asylum for the
criminal insane. From this he plans 70
get free upon successive writs oil ha'
beas corpus. He VIII light so long as
his purse will enable him to pay zeal
Gus counsel and INSCRIPTIONS experts
Hits Expert" Testimony.
I'VE say INSCRIPTIONS experts, for
to the shame Of the medical profes
sion be 1t spoken. the same expert al
one time swore him out OF jail on an
opinion of insanity and attempts at
another time to swear him out OF the
asylum by an opinion OF sanity
so forgetful are the murderers
family Of their duty to society, their
obligation to uphold the law. that they
aid and abet the plot, and instead OF
leaving him to his fate. as II is their
duty as citizens to do. they declare
that he is an object of persecution.
"It Is mere question OF time and
money when this particular murderer
will be set free to direct his homicidal
incIinations against some other citizen
who has already fallen or may here
after come under his displeasure.
"The normal man does not commit
crime. The commission of crime is evi.
dence of abnormality. Such is the
modern view. But the logic OF the
law makes a sad slip when II permits
the conclusion that the man, who has
done a foul deed. must be acquitted
as innocent If his mind was not work
ing on what we CT sane lines.
'TIas not the time come to relegate
to the realm of the obsolete the as
sumption that an insane man cannot
commit crime? The point we make
here is. that however legally right 1t
Is really sociologically wrong. to find
man not guilty on the ground OF In
sanity.
"No one will contend that the In
sane murderer should forfeit bis life.
The question we put is, Why shoald
he not forfeit his liberty? He has
proved himself to be dangerous man.
Society must protect itself against the
danger OF a repetition of his homicidal
tendencies.
"If these views be sound. they could
be put into effect with but little
change of the statute law"