New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-07-17
judge Sc0rns AlieniStS
As He Frees Than on Bail
Crowds Applaud Smiling Victor Homeward Bound IN Auto
-Stanchheld Says Appeal Will Not Be Prosecuted
Court Sees Scandal in Medical Testimony.

great experience in the judgment OF
the difference between a man who IS
sane and one who is insane. We have
had men and women come from that
community Of undoubtedly high repute
TO testify 10 their belief in the sanity
Of this relator. We have been told
here by one alienist that II IS impossl-
BE for a Judge or jury TO determine
the sanity or insanity of paranolac,
except as Judge and jury accept the
statements of alienists. The reason I
speak OF this, gentlemen, is that |
want 10 say a word about the testimony
OF alienists in our courts that hope
may remedy what is fast becoming
scandal in the administration OF JUS
tice.
IF this court and this jury are TO
depend upon the opinion Of an allcnlst
who has made ii his business for years
and for pay TO render expert testimony
that Thaw is sane or insane. Whichever
;t NAV be, that opinion is TO me of alb
solutely no value and has no influence
On my determination of this case. The
idea that in the administration Of JUS
tice a doctor OF rcpute can for years
devote himself TO a case, can publish
his opinions in the public press. can
interview, witnesses. can help TO pre-
pare for trial. can do everything that
an advocate is bound by law to do. and
then 20 on the stand and think that
his evidence is of any probative value
is wrong.
Court Arraigns Alienists.
81 hope the members Of the medical
profession itself will find some way TO
correct that evil. | do not speak es-
recially Of this case. but of cases gen
orally, where alionists' expert testi
mony is rendered by doctors Of repute
for pay. If the members of the medi-
cal profession do not do it themselves. as
have no doubt they want to do. hope
the Legislature Of the state will find
some means of curing the evil that OBJ
tains in our courts, either by legisla-
ton that will allowed the court TO APP
Point experts to examine the lunatics
or by such other means as may be
deemed advisable"
After a short pause. during which
every one in the courtroom leaned for
ward TO catch every word that fol-
lowed. Justice Hendrick continued: 81
have adopted the verdict of this jury.
| think 1t is founded not only on the
weight of evidence, but it is over
whelmingly founded on the weight OF
evidence. and | declare as the decision
of this court that Harry X. Thaw is
now sane"
Before Thaw's lawyers had an CD
portunlty to grasp Nh hand DEPUTY
Attorney General Brombergar was oil
his feet to serve notice of IN appeal,
with all due Difference to the court"
Mr.. Stanchfeld Immediately asked
for an order admitting Thaw TO bail
during the pendency Of the appeal.
Mr.. Bromberger prcteste | this re
quest on the ground that tn state did
not believe the relator was sane.
81 supposed it was Conceded that
had the discretion ID admit him 10
bail" said Justice Iiendrick
THAT is not conceded replied Mr.
Brombcrger.
Mr.. Stanchfeld entered the argument
al this juncture at is utterly incred-
ible," he said, that a man fc1nd san.
by jury, declared sane Icy your
honor, after you have received that
verdict in evidence, tGat the mere fiji
ing of an appeal thai deliberately as.
sert will never be prosecuted should
be treated seriously as stav in this
proceeding and deprive this rclator OF
his liberty"
Appeal Charge l. Resented.
Before res:ating authorities for his
contention that the justice had no
power TO take bail MI Brom' ci ger SAID
that he resented III. charge that the
appeal had not been i I'd in good faith
There is no doubt ;nat attorney
General files it in good com.
mented the court. "lhe on.y c3estiol
here is the question of nv power To
accept ball
where is the power AMI where is
the authority that counsel states here
wherein he can sus1ead the writ OF
habeas corpus ~ inquired Mr O'Brien.
"The constitution of this state gives a
man the right of habeas corpus and VIC
are here on habe2s corpus. u is tn.
duty OF your honor TO discharge this
relator here by force # the constitu-
ton"
Gentlemen, I am going to hold this
man to BAIL" announced Juctice Hen.
drick.
81 take exception 10 yoLr honor's
ruling" said Mr.. Broinberger
81 hold him in bail t. the amount Of
$4,000 added the :ourt, and Harry
X. Thaw brcathcd a sigh of relief. The
last effort Of the state 10 keep him in
custody had failed.
At the first intimation that Justice
Hendrick had concurred with the jury's
verdict a signal had been flashed to
newspaper men at the door, who rushed
out with the news that Thaw would