The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-17
TIA W., FREE
Continued from First Page.

lection and cited p%recedents to show
Justice Hendrick seemed very nervous
when entering court AM the argument
made by Mr.. Bromberger did not help
to sooth his nerves. His Honor's hands
shook vlsibly at times. He talked over
the matter of bail for some time and
then decided that he would release Thaw
over Mr.. Bromberger's objection, giving
the latter the right to take exception.
The big hurrah out In the street fol-
lowed then. with more cheers. snap
shotting. scrambling by moving picture
men and asndclapping as Thaw and his
escort. after fighting their way down the
, steps of the Court Hous on the Cham
bers street side, started down Broad
way.
Thaw. who for tie first time
since the hearing began. had dis
carded the heavy blue suit he wore
throughout the taking OF testimony,
came to court In a new going away"
| suit Of light gray. Repeatedly he had to
don his straw hat in acknowledgment
of applause as he motored TO the Cort-
llndt street ferry.
AIienists scored.
In the decision which said tina Thaw
| mlKnt 20 Tree. " uttlSlOU WHICH was "
lowed by a notice of appeal on the part
Of the state. Justice Hendrick scored
severely the testimony OF expert allen
lists. especially that Of the States chief
alienist. Or. Austin Flint.
Dr. Flint on the witness stand had
said that In deciding whether a man was
n p%aranoiac all that court or jury had
to go on was the word OF an alienlst
| as to whether the alienist Thought the
| relator sane. Justice Hendrick did not
| mention Or. Flint by name. but there
Is no doubt that he had tins DIT OF
testimony by DR.. Flint III NINA wneh
| giving the decision.
Justice Hendrick began 10 give his de-
| cision at II ~ o'clock. Thaw was rep
resented by the most prominent OF the
group of lawyers who have been hand
ling his case-John n. Stanchfeld. eN-
Judge Morgan J. OBrien and Abel /.
Smith. Jr.
Thaw sat between ex-Judge O'Brien
and Norman Fitzsimmons. a private de-
tective employed by Thaw. As the mo-
ment of his release approached he looked
steadily off into space and did not move
for several seconds after Justice Hen
drlck had said the words which meant
he had at last won his nine year fight
for freedom.
III
clsion said in part:
"Gentlemen. l have reached a decision
In this case. and 1t is based upon what
my own judgment. fortified by the adj
vice OF a very intelligent jury. has led
me TO. We have had come here men
from New Hampshire. some OF them
although not by name alienists, OF great
experience in the judgment OF the diff
ference tive "A man who is sane and
one who is insane. We have had come
men and women of the Commonwealth
OF undoubtedly high repute witnesses
whose testimony vas impressive, 10
testify TO their belief in the sanity of
this %relator.
We have been told here by one alien
list that II Is impossible for a Judge or
jury to determine the sanity or insanity
Of a ~paranoiac. except as Judge and jury
accept the statements OF alienists. The
reason I speak Of this. gentlemen, is that
! want TO say a word about the testi-
mony OF alienists in our courts that
I hope may remedy what is fast be.
coming a scandal in the administraion
of Justice.