New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-08-01
"Unwritten Law" Words
Denied in Letter TO JUS
tiCe HendriCk.
CONTEMPT OF COURT,
WOODBURY'S BELIEF
Feared Wrong Impression Was
Conveyed for Guidance of
Sanity Decision.

From a star Correspondent Of The Tribune
Albany. July 3l.-The five New York
newspaper men who interviewed David
Robinson. foreman Of the Thaw jury
who sought Thaw out at Atlantic City,
vhere he went after his release by
Justice Hendrick, miSquoted him, ac-
cording 20 a statement made to the
justice by Robinson. This was made
known tonight by Attorney General
Woodbury., who gave out letter he
sent TO Justice Hcndrick calling his at
tention TO the interview and pointing
out that all the reporters in their ar
ticles agreed as TO what Robinson said,
a fact which compelled him, he wrote,
ito believe that he must have said sub
stantislly the words imputed TO him.
The Attorney General goes on to
say: The interview with this juror
shows plainly that when he entered the
box he entertained a preconceived no.
tion Of the case. which was such that
his answers given upon his examina-
ton as TO his qualifications to sit as a
Juror were at least untrue in spirit.
Furthermore, the trend Of his state
mentS indicates that the advice of the
jury given you at your request, at least
so far as he participated in II, was so
lacking in good faith as to be OF no
real value TO YOU whatever, and If he
interprets at all correctly the controll-
ing motives Of the other jurors. few II
any of them in casting their votes were
influenced by such proper consldera-
tionS as would render their verdict Of
any value TO you. However, ! am frank
to say that | doubt that he does inter
pref the motives Of most Of the other
jurors correctly.
Il have given careful consideration
to the question as TO whether or not
the legal aspect of the case, as re-
spectS your decision that Thaw is sane
and granting judgment that he be dis
charged from custody. has been changed
ny the disclosure Of this juror
This jury was summoned upon your
order. granted in your discretion upon
the application Of counsel for Ihaw 10
advise the conscience Of the court, and
sat throughout the hearing for that
purpose. and that purpose only. The
verdict Of this advisory jury was not
binding upon you, as YOU announced
al the opening and close Of the trial
"If, therefore, your decision as TO
Ihaw'S sanity was reached uncon-
trolled by the verdict Of this advisory
jury, although in accord with it, as |
am advised was the case, then the mis-
conduct Of a juror or jury would not
affect the legality Of the decision
reached ny you IN the case.
IF ! do not misapprehend the situ-
alton there mas been committed a con
tempt Of court with which the court is
primarily concerned"
The letter ends with an offer of as
sistance should the court deem it adj
vlsable 20 take action in respect to the
misconduct Of this juror"
In reply Justice Hendrick said he
had received a letter from Robinson
dlsavowlrg the important points in the
interview. He said that since he
reached his decision independently of
the jury's verdict he believed no public
benefit would come from an iuvestiga-
lon.
kobinson's letter. which he inclosed.
denied that he disregarded the JUS
tees charge. This was that the Jury
was bound by law to On-Idcr Thaw in
sane when hc killed White and still in
sane as late as the habcas corpus pro
ccedings of 1912. But iu the next SEN
fences he states that he did believe
Ihaw 90 be sane ever since the killing.
apparently ignoring the charge as to
1912
He also denied that he said the Geor-
ga "unwrtton law" murder case. in
which he sat as jury and helped &C
1ult. Was discussed i'm the Thaw Jury
room as guide to their attitude on
Inc White shooting.
As postscript TO his letter he had
Charles Basil, JUNIOR No. II. who was
not present az the Atlantic City inter
view. Wrto. u concur i'm tho ahove-n