New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-07-24
"THAW SANE, " SHEARN
ASSERTS, IN BRIEF
If Not Dangerous, No Warrant
in Law for His Detention,
LAWYER Declares.
QUOTES LAY OPINIONS
Officials and Alienists Regard
Whites Slayer as Now Ra-
tional--Can't Remedy Sup
posed Failure Of Justice"

Clarence ]. Shcarn, counsel for MrE.
Mary c. Thaw in the latest sanity trial
Of her son. Harry x. Thaw. submitted his
brief yesterday to Justice Martin J.
Keogh. After a short review OF the evil
dence submitted by both sides and an
analysis Of the statement made by alien
lists. Mr.. Shearn asserted that Thaw was
sane and should be released without re-
gard 20 whether he was useful MEM
Der of society or not. The brief said:
The problem before the court. and the
sole problem. IS whether the release Of
Thaw at this time would be dangerous
by reason Of demonstrated existing IN
sanity. Otherwise there is no warrant IN
law for Thaw's detention. His imprisun-
ment in an insane asylum cannot tEop-
erly be made the means OF attempting
10 correct any supposed failure OF justice
or the means Of Furnishing him indirectly
FOR an act whose consequences he may
have escaped through supposed flaws w
our judicial system. Thaw was lawfully
acquitted Of the homicide.
" is important 10 note Al the outset
that the purpose of the present inquiry
is not 10 ascertain whether Thaw is a
useful member of society, or whether ne
Is a man OF strong or shallow mentality.
or whether he Is below par in efficiency
and sustained serious purpose in life,
measured by his opportunities.
that he Is not suffering from parsnoia or
chronic delusional insanity, which is the
only mental disease that the states
slienists claim ne has, there is no war
rant in law for extending further his long
confinement no matter whether he be
considered Of shallow mentality or below
par.
The assertion that Thaw was sane had
been established by the relator. the brief
said, through DR.. William A. White,
superintendent of the government hospital
for the insane at Washington: Dr. II.
Ernest Schmidt. OF Westchester County,
who testified that, after considerable con-
tact with Tbaw, he had found him ra-
tional; DR.. II. lie Roy Leak, Of the
Matteawan State Hospital, who testified
that during the preceding six months OF
actual contact with Thaw in the hospital
and in an extended mental examination
Thsw's conduct, speech and demeanor
were rational, and others
In rebuttal Of the testimony given by
the three alienists for the state that Thaw
suffered from paranoa, the brief further
said a large number of lay witnesses were
produced. including attendants who had
Thaw i'll charge during his nineteen
months stay in the Tombs, officials who
had him in custody for several months in
the Jail at Poughkeepsie, and several at
PENDANTS at the Matteawan State Hospi-
tai, all of whom testified 10 the rational
ity of Thaw's conduct, speech and de-
rGeanor as observed by them.
In determining Thaw's sanity. the brief
continued. the verdict Of the jury could
neither help nor hamper. The finding
that at the time OF Stanford Whites kill
ing Thaw did not know the nature and
quality Of the act, or that II was wrong.
may have resulted from the jury's having
given Thaw the benefit Of the doubt to
which ne was legally entitled.
Furthermore. the brief asserted, the
states experts contended that man
might be legally sane and medically in
sane, while Dr.. Carlos Macdonald went
80 far az 10 say that vice versa, man
Ike Richard Preusser with nothing the
matter with him except pseudo-paresls
land no was discharged from Matteawan
six weeks after acquittaD did not know
the nature and quality Of his act, or that
Il was wrong, and was. therefore, legally
insane
"As Dr.. Macdonald also recognizes tho
brainstorm or outburst of emotional ex-
citement in connection with acts Of vio-
gence," the brief said, ut is further ap-
parent how little It serves this inquiry TO
speculate concerning the significance OF
the tury's ruling"
The decisions rendered upon the vari-
Gus attempts Of Thaw to gain freedom
were reviewed By Mr., Shearn as not
preiudicial in any manner TO the present
effort He then pointed out differences
between the present case and the case
presented TO Justice Mills three years ago
Mr. Shearn closed his brief with the re-
heated assertion that there was no sufi-
Client ground whatever for Thaw's further
detention.