The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1914-12-22
AGAINST THAW AT LAST

AOAiINOt IIlAN ~ i Law
Something to cause a deep breath
of national relief is the decision of
the Supreme Court of the United
States against a prolongation of the
Thaw mockery of justice in New
Hampshire.
There can be judicial proceedings
that are inexpressibly shocking and
yet not destructive of public faith in
the law as it is administered. In the
last few days New York has been
startled by such an experience. A
brutal Staying of boy by the father
e his young wife, to bring ever
lasting shame for herself as well as
agony over the crime, received a
quick, almost headlong acquittal of
he slayer. 1t was a dumfounding
verdict, denounced by the judge sit
ting at the trial, nobody was liable
TO mistake it for anything but a
T'audlin performance of an unfit jury
oiscrediting not the very name of
jurisprudence but the particular
Twelve men who on their sacred
oaths declared, in the words of the
protesting judge, that murder is not
murder.
An exhibition like that can dunn
found and sicken the public; but no
man who can recognize the differ
cnce between an intelligent act and
IN irresponsible emotion believes
that it is an indictment of all law
and justice.
When, however, because of the
conflicts of legal acts and processes
IN the different States and in the
-ation the millions of a man-killer
ike Thaw can turn into nonsense not
simple facts but solemn statutes, can
make ducks and brakes not of empty
headed jurors but of able prosecutors
and judges of the highest courts, can
degrade elemental dignity into Scan
dalouS buffoonery and distort justice
itself into monstrous deformity, law
and the majestic authority which it
ought TO represent are brought into
public disfepute in many places and
INTO contempt in all.
The highest tribunal in the land
comes in the Thaw scandal, as it too
"ften must do, to restore respect for
aur Judicial institution.
But the case is nowhere near its
end yet. Thaw is to 90 back to New
ork, having been extradited to that
State, not for being insane or for
being a criminally insane person, but
or conspiracy in connection with his
escape from the asylum. Now. it is
alleged by some authorities that an
insane person cannot conspire; he
.snt responsible for his acts, and so
cannot be punished for conspiracy.
lie has been ordered back to New
York for conspiracy, and the ques-
non Is whether New York will pro-
-eed to try him for that, or will re-
commit him to the asylum. If. in
,tead Of trying him for the alleged
rhine for which the Supreme Court
lends him back, the State locks him
up, then, 1t was intimated by Chief
Justice White, he may have a chance
0 get before the Federal court again
IN a habeas corpus proceeding.
The substance of the matter seems
o be something like this: Thaw
vas insane when he killed White; a
'ury has said SO, and that settles it.
lie was locked up for being insane.
alter, either he became sane enough
be legally guilty Of conspiracy,
nd did conspire, or else he con-
pired without being sane. If he was
:ane, he was not entitled longer to be
ept in the asylum; he had been
acquitted of the murder. The Su-
IRENE Court, Of course, doesn't say
whether he was sane or insane when
ne conspired. If he was sane, he
can be punished for conspiracy; but
ne can't be kept in an asylum for
insane. If he was insane, he can be