Belington progressive. [volume] (Belington, W. Va.) 1912-1927, 1915-01-28
THAw'S COUNSEL
SPRINGS SURPRISE
IN LEGAL FIGHT.
May Plead Guilty to Conspiracy in
Order to Open Sanity Proceedings


NEW YORK, Jan. 25.---Harry x.
Thaw sprung his promised surprise
on William Travers Jerome and other
attorneys representing New York
State today when, upon arraignment
before Justice Vernon M. Davis in
the criminal branch of the Supreme
Court on the charge of conspiracy,
his attorney, John b. Stanchfeld, de-
manded that the prisoner be sent to
Bellevue Hospital for examination ~
to his sanity Jerome sprang to his
feet and opposed the motion and il
the legal battle that followed Thaw's
counsel freely intimated that Jerome
had broken the word he gave to the
United States Supreme Court.
The argument ended when Justice
Davis sent Thaw back to the Tombs
and announced that he would take
the question under advisement for
two or three days.
John b. Stanchfeld, Thaw's chief
Of counsel, brought up an act passed
by the legislature of 1910 which de-
clared that any person accused OF an
offense calling for punishment or inn
prisonment for one year or fine OF
,.4A xs,lA No. a. frF
sanity entered, the question Of his
sanity should be determined before
the trial Of the indictment went on.
Justice Davis pointed out that
Thaw had already been declared in
sane by the state and he did not
think that the act would take in his
case.
"This is question Of his recovery
from insanity" Mr.. Stanchfield ar
gued. "The question should be de-
cided first. 1t is better to settle it
now than to railroad Thaw. back to
Matteawan and have the case
brought up in the courts in the years
Mr.. Stanchfield referred to re-
cent newspaper interview with Will
liam Travers jerome in which the
latter stated that the state had no
intention Of attempting to railroad
Thaw back to Matteawan.
"If this is the states intention,"
said Mr.. Stanchfeld, eve should
have the question of sanity decided at
once If Thaw is found insane he
should be returned to Matteawan
without trial on this Indictment. If
sane he should be tried and If found
guilty sent to Blackwells Island"
eve are enxious for speedy
trial." said Stanchfield, "but we do
ask that pleadings on this con-
spiracy indictment be deferred three
or four days while the court consid-
ers recent legislation with reference
to insane persons charged with mis-
demeanors. This legislation makes it
mandatory upon the court to commit
a person who is insane at the time of
the arraignment to Bellevue or the
allied hospitals to determine his sam
ity. We will move that this action
be taken in Thaw's case"
Jerome was on his feet in an in
stant
"The statutes are not applicable
in this case" he argued. eve ask
the court for an early trial, and ask
that in the meantime Thaw be con-
fined in Matteawan."
Thaw's brow wrinkled perceptibly
when Jerome mentioned Matteawan.
He tapped at the arm of his chair
with evident nervousness, while his
attorneys argued to the court that
jerome was "trifiing with man
date of the United States Supreme
Court" and that Jerome had used
the mandate "as a subterfuge to
bring Thaw within the jurisdiction
of the court"
Justice Davis halted further argu-
ment by ordering Thaw recommended
to the Tombs. Thaw turned an
amused smile toward Jerome, but
Jerome's eyes were guled upon the
justice.