The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-01-17
CARMODY LAMENTS
SYMPATHY FOR THAW
In Report to Legislature He
A. Blames Public Sentiment
I for Situation.
CASE Is MISUNDERSTOOD
He Charges Thaw With Trying
TO Make a Plaything
Of Justice.

ALBANY. Jan. 16.--Attorney General
Carmody. in his annual report to the
Legislature. gives his views In support of
his contention that United states District
Court Judge Edward Aldrich OF New
Hampshire Ia without legal authority to
entertain the proceedings instituted to
prevent the return Of Harry X. Thaw to
New York state.
Mr.. Carmody holds that the only dues-
tion which Is renewable by Judge AID
rich Ia whether or not the extradition
papers signed by Gov. Felker Of New
Hampshire ordering Thaw's return to this
State are regular and in legal form. MIR.
Carmody contends that the Federal au-
thorities cannot legally GO into the ques-
ton OF Thaw's mental condition.
Mr.. Carmody holds that New York
State Is entitled to the custody Of Thaw
OF article ". Of the United States Con-
stitution, and declares every condition
exacted by these constitutional provisions
has been complied with.
Thaw's Original Defence.
"Thaw was originally confined In Mat
teawan." says Mr.. Carmody. after being
acquitted by jury under charge of
murder upon the ground of psranoia. This
defence was interposcd by himself
This was proved at the solicitation of
his friends, upon the private records of
his family. upon the testimony OF experts
produced by himself and after most ex-
tensive and able analysis and presentation
Of the questions involved In his behalf.
In four subsequent applications for
writs OF habcas corpus in the Supreme
Court of the state. Thaw has sought to
reverse this decision. which was secured
by his friends. his lawyers and his ex-
perts in his behalf. to shield him from
conviction for murder.
I'm each OF the four cases. the matter
was again thoroughly and completely ex-
amined All that friendly experts could
do for him. all that his great financial
resources could accomplish. was done to
reverse this Judgment.
These efforts were met by all the re-
sources OF the State and no effort was
spared on either side in these four sepa :
rate applications to have the question OF
Thaw's mental condition thoroughly as
certained.
The matter. therefore. of Thaws con-
dtion has been thoroughly examined five
times. and five times adjudicated against
him. The effect of the adjudication 10 10
establish a mental condition that IL con -
genital. that indicates that he is a men =
ace to society. that will grow worse in =
stead Of better. that may be dormant In =
definitely and may at any time respond
to excitement and result in the commits
sion OF crime. as indeed IL did result In
this case in the crime Of murder.
M Desire to Persecute.
Since Thaw's escape. in the various
jurisdictions In which his case has been
heard. this department has persistently
urged these views. being guided, not with
. desire to prosecute or Cypress Thaw
but wholly TO vindicate the demands OF
Justice.
II cannot but feel that the DELAYS In
this case have been Occasioned somewhat
by very considerable public sentiment,
based upon sympathy for Thaw and hos
Utility to the demands Of the State, IN
making what. in such quarters. Ia held
to be an unprecedented and unwarranted
demand. That sentiment is based upor
q total misunderstanding of the facts, OIL
q total incapacity to give them theii
proper meaning
III Thaw WAS not. at the time he com.
mitted the murder. Il paranoiac. he should
have paid the penalty which our laws ex.
ne was properly excused for the crime OF
murder and properly incarceratcd as 3
man dangerous to society"