The evening world., 1910-12-29

row.
In the mean time n physician 90 be
designated by the District Attorney and
one whom ! have selected and who is
satisfactory to the District-Attorney
shall make a physica! and mental ex-
animation of the defendant. IL 1t APP
pears that he is in condition TO answe
he can be arraigncd tomorrow. II his
condition is not satisfactory let him be
committed to an Institution. lie Is now
a wnrd OF the supreme Court and hts
person will be secure until the exaniina-
ton h completed
The District-Attorney did not object
10 Mr.. Jerome's suggestions and init
mated that he would Ike TO have the
Court AK bail. Judge Grain made the
ball $4,000 subject 10 motion. MT.
Whitman then notified d Court That
he expected to file other indictments
against Robin.
A bench warrant was sworn out n
Two detectives were sent with IL to an
address furnished by Ny. Jerome. The
plan was TO keep Robin a prisoner there
until the physicians completed their
preliminary examination TO determine
nAb uNntSS 10 aPpthl III 'pu't
mo Consideration" Says Whitman.
Previous to the action Of the Grand
Jury Mr.. Whitman was asked by The
Evening World why - much cOnsid-
ration had been shown TO the man
accused OF wrccking the Northern
Bank. The Distrlct-Attorncy denied
That any consideration has been shown.
ssT~R. t,.,ttNt. Il 10 Ia. .xnlolua1 THAT
the commitment Of Robin as an insane
person served TO complicate matters.
We were confronted by an entirely new
proposition. l was up all night work
ing on the cate. Robin viii be in the
custody Of the police In a very shoT;
time. We cannot afford TO make any
false moves In this important case"
II was reported tina, Robin would be
removed to the home Of his sister. No.
~ West one Hundred and Twenty-slxth
street, and would be arrested there.
Not a Ward OF the Court.
As TO Mr.. Jerorne's contention that
Robin is a ward OF the Supreme Court
there Is u difference OF opinion. Com
petent legal authority holds, In effect,
that Robin is a fugitive from Justice.
There Is no legal obstacle In the way
OF Distftct-Attorney Whitman obtaining
the Indictment OF Robin IL he has the
evidence said a supreme Court JUS
lice 70 whom the question was sub
initted before the Indictment was found.
Robins legal status to-day Is the same
as Il was the day before Justice Amend
committed him to n private asylum on
the affidavits Of I'VE reputable examin-
ers in lunacN.
"A mistake has been made In calcu-
lating that Robin has been a~djudged
insane. He has not. The Courts COM
mitment is n merely temporary restrain
ing order which enables the petitioner
for the Incarceration of the patient to
remove the alleged insane person out of
harms way. 4 Sherin's jury finally
passes on the permanent sanity or In
sanity Of the person.
In this instance the institution head
refused to accept Robin as a patient.
declaring him are Robins family
then took him into custody. Until he
becomes dangerous TO the public well
fare or his family takes the initiative
In placing him an an Institution I don't
see where 1t II the province OF the Su-
preme Cour Justice committing Robin
10 Interfere further.
How does Justice : lend know no
was imposed ONT Maybe the man Is
actually insane. Certainly Justice
Amend had the prima facie evidence In
The form OF afidavi:s by W recog-
nized aiienists. II is the privilege OF
the Institution head to reject the pa
tient for any reason lie wishes. despite
the Courts order. II the patient es-
capes and 1t Is afterward found he Is
connected with an alleged felony ! can't
see where the Court ay he blamed for
signing the ten Jorary order.
What Whitman Could Do.
I'm my opinion Judge whitman. who
knows the law we'll enough. may proceed
just as II he had the man In custody.
When Robin is a%rraigned, or at any
time after the Indictment. the District
Attorney nay ask the Court before
whom the case comes to appoint a com
mission in lunacy to determine the mans
state OF mind for the purpose OF that
trial. A similar step was taken In the
Thaw case. II the commission decides
Robin sane he may be tried. II 1t II de-
clded that he Is insane. as the alienists
swore 10 Justice Amend, he cannot be
tried. The state can then procure his
commitment to an asylum"
Judge Amend declined to discuss the
Robin case. At present. 1t is under
stood. the Justice does not contemplate
any move looking to the appearance
OF the two alienists who swore to
Robins insanity before him on the
theory that they imposed upon the
Court. In the opinion OF lawyers about
the Supreme Court to-day, the best
way out of the Robin tangle IL to have
the District-Attorney proceed regard
less OF Justice Amends commitment.
State Take Savings Bank.
The shadow OF Robins financial meth
DDS spread more heavily to-day over tns
Washington Savings Bank at Columbus
Circle and Fifty-ninth street. This
bank has been controlled by Robin, who
lie its President. Ii has deposits o.
N,i4l. $50. due 1000 depositors. They ar
all people Of little means. struggling e
lay by something for a rainy day.
The bank had recourse yesterday I,
tho s~ixty-day notice rule TO avoid
ran. To-day 1t was taken In charge b,
Superintendent Of Banks Cheney. VIII
made known his action In this state