The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-17

IT this court and this Jury are to
depend upon the opinion OF an alienist
or of alienists who have made II their
business for years and for pay to give
expert testimony that Thaw Is SAM or
insane, whichever II may be, that opinion
Is to me OF absolutely no value, and has
no influence IN my determination of this
case.
"The idea that In the administration
Of justice a doctor OF repute can for
years devote himself - "A case. car pub
fish his opinions In the public press. can
interview witnesses, can help to prepare
for trial, can do everything that an ad-
vocate is bound by law to do. and then
go on the stand and think his evidence
Is OF any probative value. is wrong.
II hope the members Of the medical
profession itself will find some way to cor
, rect that evil. I do not speak especially Of
this case. but OF cases generally where
alienists' expert testimony Is given by
doctors Of repute for pay. II the menu
bers OF the medical profession do not do
II themselves, az I have no doubt they
want to do. I hope the Legislature Of
this state will find some means Of curing
that evil which obtains in our courts,
either by legislation that will allow the
court to appoint experts to examine the
lunatics. or by such other means as may
be deemed advisable.
u have adopted the verdict Of this
jury. l think 1t is founded not only on
the weight OF evidence. but II liz over
whelmingly founded on the weight Of
evidence. n l declare as the decision
Of this court that Harry X. Thaw is now
sane"
Notice Of Appeal.
with all due Difference to the court
said Deputy ACKNOWLEDGEMENT Bromber-
ger. the State of New York does APP
peal and as soon as the order Is flied
and entered in the office Of the clerk OF
this court the State intends to appeal. I
have here. with admission Of service.
the notice OF appeal which your Honor
has signed sustaining this writ"
Thaw a moment before this had reached
across In front Of Private Detective
Fitzsimmons TO shake hands with Abel
l. Smith. Jr. As Deputy Attorney-Gen-
eral ~Bromberger began to talk. however.
Thaw's face clouded and he began TO
show that he was angry.
Then as Mr.. Bromberger argued on
and on Thaw suddenly showed signs of
rising and addressing the court himself.
Fitzsimmons laid IA restraining hand on
Thaw's arm. Thereupon Thaw began To
rip up a piece of paper. As his anger
increased he crooked his finger under "A
IoOse euke OF tne tnln fliterldl WHICH
covered the table before him and began
to rip the fabric. This was when JUS
tice Hendrick asked In a perplexed way +:
Then this acts as "A stay. Mr.. Brom-
bergerr'
W ask your Honor broke in Mr..
Stanchneld. now all alert as signs that
the State might have Thaw held in Gus
tody began to show themselves. ITO make
an order, a form of which has been
agreed upon between the A~ttorney-Gen-
erals office and ourselves. by which
Harry X. Thaw Is admitted 10 bail dur
ing the tendency of that appeal"
Justice Hendrick promptly asked
whether Thaw's counsel and the State
had arrived at any decision as to the
amount OF bail to be suggested. Mr..
~Bronbercer then advanced the argu-
ment most displeasing 10 Thaw and his
co~unsel-that Thaw. being with all due
respect to the courts decision" stiil
considered insane by the State. his lib
Grafton on bail would be a menace to
the State, and that furthermore the
States appeal meant a stay Of all pro-
| ceedings, Thaw. therefore, according to
the States argument. not beng entitled
to liberty until after the States appeal