New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-05-03
JEROME FIGHTS JURY |DEA1
Challenges Courts Power to En-
panel One in ThaW Case.
ADJOURNED UNTIL JUNE 3
Shearn Maintains Jury Is Clients
Right and Justice Keogh
Reserves Decision.

Reserves Decision.
After hearing arguments for and against
the application OF Harry Kendal Thaw,
who shot and killed Stanford White, for
jury trial to determine his sanity. Justice
keogh. in the Supreme Court, White
Plains, yesterday reserved opinion. He an
nounced he would render his decision next
week. On the application Of William
Travers Jerome. former District Attorney
OF New York. who appeared for the State
OF New York because Of his success i'm COM
batting Thaw's previous attempts TO get
out Of Matteawan. and said he must have
at least three weeks TO prepare his side Of
the case, Justice Keogh adjourned the orig
inal writ Of habess corpus proceedings until
June g.
This was the first appearance Of Mr. Je-
rome in the Thaw case since July. 1893
when he opposed the release OF Thaw, and
after a hearing lasting sixteen days Justice
Mills recommtted the slayer of Mr.. White
20 the Matteawan asylum. Thaw was not
present in court at yesterdays session, as
the argument was purely on his right 10 a
trial by jury. In addition to Mr.. Jerome,
Attorney General Carmody was represented
Clarence J. Shearn appeared in behalf Of
Thaw.
Mr.. shearn at the outset made q deter
mined effort to induce Judge Kcogh to
grant the application of his client. In his
argument to have Thaw's mentality passed
upon by twelve jurors Mr.. SheaIn said,
among other things:
II wish il understood that in making this
motion it is no indication on my part that l
would prefer the judgment OF jury TO
that of your honor. II it was my own per-
sonal liberty which was at stake | would
gladly submit il to your honor. But in this
instance it is the life and liberty OF an
other. I find that for ages il has been the
common belief of our Anglo-Saxon race
that where a mans life or liberty is at
stake he should have the right to refer the
same to jury"
Says Jury Would Establish Precedent.
Mr.. Jerome declared the sole question in
volved was whether Thaw was entitled TO
a Jury trial. He challenged the power OF
the court TO impanel a jury in writ or
habeas corpus case like this one. He said
if there had been any right TO jury trial
il had been waived in other habeas corpus
proceedings. and that now 1t would be es-
tablishing a legal precedent. Mr.. Jerome
said that in 1903 Thaw made a similar eff
fort but Justice Mills decided against him.
An appeal was taken to the Appellate d.
vision, but the majority sustained Justice
Mills. Mayor Gaynor, then justice OF the
division. wrote dissenting opinion, and
the arguments 1t contained were advanced
by Mr.. Shearn in Thaw's behalf.
But" continued Mr.. Jerome. IF in any
event you should find you have the power
II is because you sit here as chancellor,
and as such the guardian OF those Of feeble
and unsound mind. The only time when a
chancellor impanels is when he can be ad-
vised in this class of cases: that is, the
srry would be an advisory body"
Mr.. Jerome said the Thaw insanity pro-
Ceedings had cost the State of New YORK
$4,000. and this caused Mr. Shearn to say
that a large part of this sum had been
spent in hiring alienists who never person.
ally examined Thaw, but simply passed
Judgment as TO his mentality as he walked
in court and in studying him on the witness
stand After reading the Indictment OF
Thaw in 1906 Mr. Shearn said that in 1907,
after six hundred pages of testimony mad
been taken. commission in Manhattan de-
termined by a unanimous decision that
Thaw was sane.
1T has not been claimed at any Of the
trials" Mr.. Shearn continued land has
not been testified TO by any Of the experts
that Thaw was suffering from any other
form of mental disease than chronic delu-
s,onai insanity or paranoia. Oppressive in
ssnitv was left out of the case altogether
1'It has never been testified 10 that there
was ANYTHING the matter with Thaw except
that the alienists said he had false beliefs
These we're the personal beliefs Of three
aNenists. none OF whom personally exam
ined Thaw except when he walked into
court The only one that has examined
Thaw personally has been Dr. Baker. and
he has stated that the patient was not SUI
fering from paranoia. The efforts OF the
state to prove this man insane are sufficient
to indicate that he is sane"
Mr. Jerome bitterly opposed the idea OF
Justice Keoghs exercising any discretion
and asserted that it would be of no avail
TO have a jury; he declared that 1t would
be almost useless TO get a jury Of twelve
men 10 assist Justice Keogh in deciding
the case, because Of his long experience on
the bench and in handling many cases
from Matteawan Asylum.
Court Better Fitted Than Jury.
After all your years of experience" said
Mr. Jerome, your honor is better fitted TO
Judge the merits Of this case than jury
This is not an ordinary case of insanity,
and only the clinical history of the case
can be presented, that no ordinary layman
serving on a jury would understand
Tuenty-eight volumes of testimony were