New-York tribune., 1912-04-30
JEROME MAY FIGHT
RELEASE Of THAW
Lawyers Think States Side
Would Be Weakened by Ab-
senCe of Man Who Prosecuted
Stanford Whites Slayer.
CARMODY EXPECTED TO ACT
State Bar Association S Commit
tee Points Out Mockery Of Per
mitting Insane Man to Go
Free in Belief He Will
Not Be Violent Again,

Not Be Violent Again.
II was learned last night that Attor-
nov General Carmody Is coming around
f. the opinion Of the majority Of the le-
cal profession i'm this city and consld''-
ing retaining cx-DistriCt AttorneN J'-
ROM ~ assist the state in the iha"
case when it comes up again before Jus
tic. KeoCh I'm New Rochelle on Monday.
An announcement by tho Attornev Gen
oral concerning the retaining Of Mr.. Je-
rome 10y the state is expected to-mor-
row.
Many Of the best known LAWYERS In
this city are ~ the opinion that the
qtatc should retain Mr. jerome and that
tho states side would be much weak
cncd hv his absence. II has been said
With considerable freedom that ~ fall-
ing to retain Mr. Jerome Attorney Cen
cral Carmody was not making as Wig
orous resistance as he should 10 the
attempt of Thaw 10 gain his freedom
Mr. Jerome is SO familiar with the
Thaw case that he Was called i'm 10y At
turney General Jackson in the hearing
oC Thaw's petition Tor release before
Justice Mills i'm White Plains in 1902
The victory Of the state in those pro-
ceedings was credited I'm large part 10
Mr.. Jerome's comprehensive grasp Of the
intricacies Of Thaws mental condition.
ana many persons officially interested
have EXPRESSED the fear that Thaw will
go free under the present application un-
less Mr. Jerome is retained b. IN" state.
Duty TO Resist Application.
John Brooks LeaIitt said last night;
II am of the opinion that IT IS the duty
Of the Attorney General r. resist the ap-
plication To the utmost and TO call 10 his
assistance the very best alenists. And
it would give me personally much pleas
ure tu have him summon u his ald the
District Attorney who tried TN" case.
Mr. Leavitt is chairman Of the special
committee Of the state Bar Association
on the commitment and discharge of
the criminal insane This committee
made "A report to tho state Bar Associa-
tion in January 1910. in which special
reference was made to the Tha" case
The report said.
A Youthful debauchee. OF areat wealth,
trained 10 believe that his money gave HIM
roht Of freedom from all restraints.
whether imposed by law or the rules of
decency, inherlting an abnormalty OF mind
lgt1 1aI tA n.
ina a debased and ignobIe life. Without
thouuht Of the responsibilities which "eatn
imposes upon its owner, commits fou'
and cowardly murder In public resort
u he were sane there could be no escape
from the penalty OF death HIS only de-
fence Is insanity.
After long and seemingly needless de-
lay-and delays in haling murdercrs to the
har for trial bring the administration of
tho criminal law into disreputc-he ~
brought 10 trial. which by reason Of the
manner I'm which it iJ conducted. deg"n-
crates into a disgraccful farce. and con-
fused Jury finds itself unable To agree. y
second trial. conducted properly and with
dignity. results I'm verdict OF acquittal on
the ground Of insanity. and thereupon the
prisoner is sent by the court. as required
by the statute. 70 a state asylum FOR the
criminal insane.
From this he plans TO get free upon sue
cesslve wrlts OF habeas corpus, which he
purp oses 10 apply for as long as his purse
Will enable him TO pay Jealous counsel and
unscrupuIous experts. We say unscrup-
uIous experts, for, to the shame OF the
medical profession be II spoken, the expert
who at one time swears him out Of Jail on
an opinion Of Insanity attempts at another
time 10 swear him out CT the asylum by
an opinion Of sanity.
SO forgetful are tho mLrdcrer's family of
their duty 10 society, their obligation 10
uphold the law. that they aid and abet the
plot. ami instead Of leaving him To his fate.
as 1t IS their duty as citizens To do. they
claim. forsoorh. that he is an object Of per-
secution.
Amona the numerous Judges OF the Su.
preme Court of this state the chances are
that there is at least one whose head Is not
able to control his heart. and the only
problem in this murderer's quest for free
dor, Is 70 discover who thet particular
ceediros. but he will at last be found and
tnSn upon pttlllOn 10 HIHl' pIcSc0lcu ny
counsel persona erata, and backed up by
the testimony Of medical experts, whose
favorable opinions can be bought for cash,
the path TO freedom will be cleared OF all
obstacles.
II is mere question of time and money
when this particular murderer will be set
free TO direct his homIcidaI inelinatons
against some other citizen who has already
fallen or may hereafter come under his
dspeasure. And everything done accord.
ina to the forms Of law
The members Cf the committee max
ing this report were John Brooks Lea
Wit. LIST District; Frank Harvey Field. ID
District: A. Page Smith, Sd District;
Edwin A. Merritt. jr.. lth District: :.
Mortimer Coon. 9TH District: Lynn j.
Arnold, 9th District; Henry q. Danforth.
7th District: Clark II. Timerman Sth
District. and William g. Osborn. 9th
District.
Acauittal Of Insane a Mockery.
The report continued:
Such things ought not so To be How can
they be prevented without doing Injustice
10 an unhappy individual whose criminal
tendencies show him To be victim OF
hercdity and environment? The insane