New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-09-24

MS lie taken either by q murderer or a
lunatic. from that hour 10 this minute IT
has been said repeatedly that in the end
the Thaw money would defeat the ends OF
justice. So far IL has not entirely accom-
| p!ished II, but wherever this case has
gone and wherever II has rested II has
left a trail OF ignomny. disgrace. filth
! and scandal behind II that has been abso-
luteiy appalling, and the State OF New
York. sir. WILL not permit its justice 10 be
defeated by the corrupt use Of money. II
II can prevent IT, and that is why the
State OF New York wants man back
whom ii regards as a homicidal lunatic
when Influenced by his insane decisions
and his vicious degeneracy at other times.
a man criminal in his lucid intervals and
dangerous in his insane ones.
To Press Conspiracy Charge.
! so far as the Attorney General OF the
| State Of New York is concerned, through
me, the State Of New York through him
can pledge It's course as the best evidence
OF good faith. by saying that IL this man
! be returned TO tho State OF New York he
will be put on trial before jury and by
every fair and decent means that the
State OF New York can exert, II will exert
/ its power TO have him convicted OF the
crime which we believe him 10 be guilty
Of
| 1T will rest with the State OF New
| York TO show ttat the Thaw money can
not corrupt forever. although for time
| IL may. The State OF New York will
show that. and that is why New York
/ ~ Il L. 10 sttrf Cdi OF a
that statement, gentlemen, is no su0ter-
fugc nor am l employed or willing to
consent 10 be employed, by any one TO
manufacture subterfuges
/ In reply to ex-Justice Chase's conten-
ton that the papers set forth absolutely
a defense 10 Thaw's alleged conspiracy 10
pervert justice. by showing his Insanity
! Mr.. Jerome said: Let me disregard any
question Of the sanity or insanity Of Thaw
and see whether this comes within
charge Of crime. on February !. 1905, by
an order of the Supreme Court OF the
State of New York Thaw was committed
] TO the state asylum for the insane AT Mat
teawan. He claimed that the commit
ment was Illegal and brought writ OF
habeas corpus. II was argued In the su-
preme Court, appealed TO the Appellate
/ Division and went 10 the Court OF APP
meals and ali the way up the judges held
! that the commitment was legal.
$50 we have. therefore. before these
proceedings we're begun, Thaw in custody
under a commitment declared by the
highest court Of the State OF New York
10 be entirely valid and legal under It's
law. and an extraordinary proposition as
/ outlined to be and advanced here. is that
! a group OF men may plan TO rescue that
| man and take him out OF that asylum, 10
which he is committed by due process
| Of law. without conspiring 10 pervert the
! administration OF law and the administra-
ton of Justice in the state. II seems TO
me that that proposition is 80 extraordi-
nary as TO be almost an insult to your
excellency's intelligence.
Conspiracy Charge Discussed.
There were two ways by which Thaw
could be discharged by due process OF
law. and they are both provided for in
the law OF the state. One was by being
certified by the superintendent as sane TO
the court which tried him. and the sec
| ond one was by getting out writ OF
habeas corpus and being adjudged sane.
These were the only two ways known TO
the law OF the State OF New York as duo
processes OF law whereby he could get
out OF that institution.
| Now. II those were the only two ways.
any other way l submit must be illegal
and an unlawful way and any conspiracy
~ do that must be conspiring 10 prevent
the due administration OF the law. They
saw that perhaps Thaw did not kno"
| ANYTHING about these two men on the
| outside planning his escape. who win
| ,uo automobiles arrived at the door OF
the institution, and at the same moment
Thay conceived the idea OF walking OUT
ana then got in a motor car and dashed
| ne Vour excellency's experience with
,us,ics teaches you that nobody could
get away with that proposition before
twelve jurymen."
Tbsw. whose favorite piece Of literature
&c the speech OF Mr.. Jerome at the nrst
trial contending that Thaw was sane
listened to-day with smiles OF elation 10
the contention OF Ex-Governor stone that
he Was insane when he escaped from
| Matteawan.
Jerome. in reply, said the opinion OF
Justice Mills denying Thaw's habeas cor
us writ In 1919 showed that the disease
uas subject TO long periods OF reInis-
sion He said the cases Of Charles Lamb
the poet, and Mary Lamb, his sister Inc
r,atricide. were similar Much OF inc
,uee,ness OF Lambs works was Que 10
III, sorrow al the frequent remission OF
he, insanity and the necessity OF her ire
Int commitment to an asylum.
Jerome Congratulated.
A. tho close Of Jerome's plea scores OF
Naw hampshire lawyers pressed AROUND
49, end offered their congratulations
Attorney General Tutte. OF New lamp
sh Mrs' and DR.. Charles P. Bancroft; su
pcrintendent Of the New Hampshire ,o,
p,,ai for the Insane. were both in court
The usual crowd Of Concord 'u s.o,s
,hronoed the streets about the state
House but United states Marshal sue
ana sheriff Drew, OF Merrimac COUNTY.
aided by IN. police. preserved e@ce''e"'
order ADMISSION was by tickets
Jerome left tonight for New YORK 30
ala ,x.Governor stone. Jerome WIN re-
, turn next Monday. He would not n' is