The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-02-22
JEROME ARGUES TO
FORCE THAW BACK
He Declares New York Indict-
ment Should Be Respected
by Court.
MORE DELAY IN THE CASE
Each Side Will File Briefs on
Bail and Adequacy Of Elk.
tradition Steps.
MORE DELAY IN THE CASE

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ope""s o's ~su"s". 49,.
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misconception." lie read authorities
to show that an Indictment need not oe
perfect In FORM 10 De adeoua'e III MI ca
tradition case.
III the Indictment - properly cert'neu
by the Governor II Is enough The ques-
ton Of good faith 10 not subject tos
inquiry In .nch case. Mr.. Je-
ro,,. .aia ~. discu..sd prscedents bear-
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against IheW' anu nc eo""s"ss~ W. wv
ingenuity OF Thaw's counsel IN pfspAr-
ing their attacks on the indictment Mr.
Jerome continued,
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intended 10 snow that an un'a"iu' pur-
pose was sought by those SAID 70 nave
| plotted Thaws escape-the criminality
M, In tho net. NJ the consplrators but
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'"s" oo,ee- go.
pose OF the alleged conspiracy =" se' 'o' VI
well and clearly In the much oiscusseo
Thaw Indictment
.c,v s,ons a. incorrect in assuming
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that u" overt ae' "u'' 20 :" 800
full IL IL made overt II F" par. Vi
a plan to accomplish something forbidden
by the law
Indictment Drawn by Expert.
"rhe rhaw indictment was drawn by
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go - g.,
sixteen years anu mas "o' 's e
set aside as fauity' 1 am conhueht .ha'
the indictment was sufficiently explicit
or the purpose.
THE contention that 1haw II not
actually charged with crime IL pasea on
q mistaken assumption Inc new torN
.as governing conspiracy
points ana there IS no oouot tnat
apples 10 tns Ina" case III us p's"'
aspect, .,,. ,, -. ,,, .,.
Judge N'or sh' IN IA. 10" wv m
niger on .he ia'ai nere'y III '"e
meht OF nav rounSe m 90
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ms nsnt 10 oe se'e" s;.o,,.. w. -, ,,.
law In the case Judge AldricA thought that
| he recalled an English statute similar
| to the one on winch the Thaw indictmeht
| Is based
Mr.. Jerome saih ne "ouio IKE 10 reply
| In brief TO some other Poin,s nhaue oy
counsel TOR Tha~' 1uuse Hlur'e" askeo
how much time ~ou,u " neeoeu W p,e
pare such o,e.> "'' 'e
that he could nave " reaey oy next
WEDNESDAY. ,
| An r'sn, saiu ,ne 1uuse
Judge Aidrich asheu LOT u'scuns'on VI
the adequacy OF extradition proceedings
In case similar 10 NAV" MI 'srome
| expressed the opinion that IN an eN'radi-
ton proceeding the laws OF the demanding
State must be accepted in deciding
whether or not an alleged oHence -
crime. An insane person II not. OF neces-
sity, freed from responsibility Tor crime.
said jerome. who told or New YORK
case In which lunatic was put to death
for murder
Judge Aldrich commented that there
could be no doubt that an insane person
may be legally guilty OF crime.
However. we have here public question
| that should not be ignored" he said. Mr.
| Jerome promised to discuss the question
| In his brief
Thaw's Responsibility.
the Judge believed that the Ques''on OF
ThAws personal responsibility should De
taken up and perhaps tiled IN court just
how this could be done he was uncertain.
Coming to tn" question OF bail for
Thaw. Mr.. Jerome declared that the re.
cent investigation Of the sanity commits
sion Is OF a very Inadequate charac-
| ter" lie said
| THE testimony OF forty-nine witnesses
| summoned In New York by Thaw himself
was ignored, very grave responsibility
| exists here"
Mr.. Jerome told the story Of q man who
| was released from an asylum by DR.
| George Blumer OF the Thaw commission
| as cured and who soon after committed
murder. He said that he was not attack.
| ing DIR. Blumer. but ne was simply show.
! ing the possibility OF an awful mistake
| The Thaw commission merely said that |,
| was reasonably probable that the De-
| titioner's release would not endangsr the
| public.
| "Dr. Blumer undoubtedly thought 4,
| reasonably probable that the man he or.
| aered released In the earlier instanc,
would not endAnger the public" remarked
Nr. Jerome.
Mr. '.,o ONE then submitted a memoran.
| Jur, O., twenty-nine printed pages s,ttins
forth n,s reasons fnr opposIny the grant.
ing OF bail. This memora ndum ,mbodie]
| an earnest protest a q alnst the sdmlss,on
10 hail of a bomlcidai Iunatie'.
| Iudye A,d,Ich asked coun.e, "a Al.
bri,fs on the right az Thsw 10 hail ",
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