The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-01-22
.REBuKE FOR TRAN|
. AND HIS FRIENDS
Efforts at Liberty Called Con
tinuons Performance in
11abcas Corpus
FIRST TRIAL A DISGRACE
Crime and Early Lie Reviewed
by Attorneys Seeking TO
Amend Law.


Rochester. ~ Y. January 2l.--Tho
efforts that have been made TO secure
the liberation Of Harry *. Thaw from
the Mattcawan asylum arc scathingly
rcbuked by the special committee on
tho commitment and discharge OF the
criminal insane, in a report recommends
ing to tho thlrty-third annual meet
Ing OF the New York Bar Association
an amendment OF the habcas corpus
law. The report. referring to ,Thaw's
efforts to gain his liberty, gays: NO
stronger illustration OF the abuses OF
our system OF criminal Jurisprudence
can be had than By recalling the cir
cumstances OF this case"
Thaw's first trial Is described as n
'disgraccful farce and his efforts to
gain hts liberty are described as a
continuous performance in habeas
CORPUS"
The amendment to the law which
the committee suggests would make 1t
possible for a person confined in pri--
vate asylum to apply for writ of
habeas corpus at any time without
supporting af1idavits, but would re-
quire an inmate OF State hospital
for the insane or for insane convicts
or criminals to submit a. verified petit
ton with the certificate OF two quali-
fled medical examiners In lunacy who
must certify that tho inmate seeking
his release is insane.
The report recommends the aboli-
tion of the defense in murder of IN
sanity.
"The point VIC make wrote the com
mittee, lis that however legally right
under existing legal concepts, it is
really wrong. sociologically wrong TO
find man not guilty on the ground
OF insanity
Thaw's crime and his carly life are
reviewed In the report in scathing
terms. and the members OF his family
who have aided in his habeas corpus
proceedings are rebukcd. IN refer
ring to Thaw. the report says:
a youthful debauchec, 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 dccency, inner
itins an abnormality OF mind likely to
devotion into homicidal acts. leading
n debased and ignoble life. without
thought of the responsibilities which
wealth imposes upon its owner, COM
mits a foul and cowardly murder In
public resort. II he were sane, there
could be no escape from the penalty OF
death. His only defense is insanity.
After a long and seemingly needless
dclay-and delays in halinS murderers
to the bar for trial bring the admins
tration of the criminal law into cls-
repute-he is brought to triai, whicit.
bv reason OF the manner in which It
is conducted. degeneratcs into dis
graceful farce, and a contused jury
finds itself unable to agree.
"a second trial. conducted properly
and with dignity. results in verdlct
of acauittal on the ground of INSANITY.
and thereupon the prisoner is sent ps
the court. as required by the state, 10
a. state asylum for the criminal insane,
whence he plans to get free upon sue
cessive writs of certiorari. for when
ha nroposes to apply as long as his
nurse will permit him to pay un-
scrupulous experts. for. to the shame
of the medical profession be 1t spo-t
ION tho expert who at one time swears
him out of iail on an opinion of IN
sanity attempts at another time 10
swear him out of the asylum by an
opinion OF sanity.
$50 forgetful are the murderers Tam
ily of their duty to society. their opli
CATION to uphold the law that they ald
and abet the plot, and instead of leav-
ing him to his fate. as 1t is their duty
as citizens to do, they claim, forsooth,
that he is an object Of persecution. II
is a mere question OF time and money
when this particular murderer Will be
set free to direct his homicidal incli-
nations against some other citizen who
has already fallen, or may hereafter
come under his displeasure.