South Bend news-times. (South Bend, Ind.) 1913-1938, 1915-03-12
Hold Thaw Was Sane.

The jury was excused from the
room and Mr.. Stanchfeld and Nor
gan J. O'Brien his associate, set forth
their contentious that Thaw Is sane
and was sane on Aug. II, 1913, and
that because he was sane Thaw took
French leave of the asylum.
1T was crime under the statutes
of New York state to escape" de-
clared Mr.. Stanchfield. The escape
was unlawful but not criminal"
do you contend that Thaw's
escape was legal?' queried the justice
in surprise?
Unlawful but not criminal" shout
ed Mr.. Stanchheld. when sailors are
in mutiny on a ship at sea on the
theory that the vessel is unsafe. they
have an absolute defense if they are
able to show that the vessel is in un-
seaworthy condition"
"Thaw cannot sit as judge and jury
in his own case" ruled Justice Page.
DO you mean to say that man who
is confined in Jail and believes himself
innocent has the right TO take the
law into his own hands p
Can't Lawfully Escape.
This is a novel situation. | know
of no precedent. But l am not here
to review the commitment of this de-
PENDANT to Matteawan. / do not see
how a man can lawfully escape from
legal confinement. II this confine-
ment had been Illegal there would
have been an entirely different situa-
ton. But l have already ruled that
Justice Dowling's commitment was
substantially in compliance with the
law.
II gave the defense wide latitude
in permitting testimony as TO Mr..
Thaw's mental condition. But / fixed
a point wherein the defense should
confine itself. When / saw the de-
Tense pass beyond that point | sus-
tanned the objections of the attorney
general. / adhere to my ruling and
sustain the objection Of the prOsecu-
ton" Thus the case will go TO the
jury on the plain facts about the
| escape-whether it was lawful or I'M
/ lawful. justified or not justified.
Whether Thaw was or is insane will
have no bearing. And thus develops
the truly remarkable situation where
an acQuittal will mean more to the
state than conviction and where a
conviction is more to be desired by
Thaw than an acquittal.
II Thaw be adjudged guilty his de-
Tense Will contend that this verdict
becomes automatically a splendid
argument for the dismissal of the
Bowling Indictment
Held IL Acquitted.
IL he be found innocent OF con-
Spiracy the state VIII seek 10 hustle
him back to Matteawan forthwith.
Should he be acquitted" declared
Mr.. Cook, "Matteawan attendants will
take him in charge at once"
Upon the stand Thaw was supreme
" self-conscious. But he answered
questions fairly. promptly and with a
logical Interpretation that augured
we'll for him His rheumatic neck
and shoulder bothered him consider
ably and a cold muffied his voice. He
was nervous and calm in turn-eva-
sive and frank. He gestiCulated with
the awkward Inconsistencies Of the
highly nervous temperament but there
could be no flaw found in his ability
to concentrate and think apace with
his interrogatOrs.
Possibly nothing was more interest
| ing-not even his story-than his
verbal engagement with Mr. Cook.
For the first time since he shot Stan
ford White in 1906. Thaw was not
| facing William TraVers Jerome.
Faces New Foe.
The harsh. unrelenting examination
OF jerome made Thaw quake and lose