New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-01-26
Court Decides Tomorrow
on Application Made
by jerome.
COUNSEL WANTS HIM
SENT TO BELLEVUE
Whatever Outcome, Slayer
Goes Back to Asylum,
Saws His Foe.

Harry K. Thsw was arraigned before
Justice Davis in the Criminal Branch
OF the Supreme Court yesterday. On
the face Of the record he was charged
with conspiracy, in that he got him
self out OF Mstteswsn some seventeen
months ago by the quick and summary
method Of running out Of an open gate.
jumping into the waiting automobile
Of paid friends and touring OF 70
Canada.
But sll this. AND even Thaw himself
sank into secondary Importance in the
proceedings. The personalities that
stood out were William Trsvers Je-
rome, prosecuting Thaw for the state.
and John B. Stsnchheld, defending him.
They engaged in a battle OF wits, legal
hair splitting and verbal smuggling for
an hour. each trying 10 make the other
lake upon himself the burden OF prov
ing that Thaw is insane.
Such Is IN. curious situation into
which the case has come that victory
s almost certain 70 20 TO the side
which forces the other 10 raise the
issue OF insanity.
Insanity Issue Is Fight.
Said Mr.. stanchfeld: we tender to
Mr. Jerome and TO the state the ques-
ton of insanity as an issue
Said Mr.. Jerome: "The tender lie Of
an issue that the state under the law
cannot accept. There is no way TO
make insanity the issue in this case
unless the defence pleads insanity at
the time of the act charged
And to this Mr. Stanchfield replied:
NO plea Of insanity will ever be in
terposed for Mr.. Thsv.'
And again in the proceedings Mr..
Jerome put il up TO the defence TO cast
the die by making insanity the issue,
once getting particularly sarcastic and
saying: "If they have this intense and
burning eagerness 20 ascertain Thsw's
sanity the quickes' way is TO make
that plea his defence"
But always Mr.. Stanchfeld reiter-
ated that there will be no such plea.
He even tried to make the court take
the initiative in bringing on an in
sanity test. He began the discussion,
after Mr. Jerome had presented the in
dictment TO the court, by telling Jus
tice Davis that il was mandatory upon
him, before setting the case for trial.
10 commit Thsw TO the custody Of the
trustees Of Bellevue.
Section $50 of the code Of criminal
procedure" he said, provides that
when person under indictment
IN New York City appears to be in
sane, when the maximum fine is not
over $500 or the maximum sentence
rs not over one year for the offence
charged, the court shall commit the
apparently insane person to the Gus
tody of the trustees Of Bellevue, whose
duty Il shall be to take proper meas
ures for the determination Of the san
1ty OF such person.
Want Jury TO Decide.
III the person shall be found to be
sane the proceeding for which he was
IN confinement shall then be resumed.
You will note that this is mandatory
upon you" Mr.. Stsnchheld added with
emphasis.
But Justice Davis did not see IT that
way.
"Th. statute you have cited" said
the justice, READS when the person
shall appear TO be insane There is no
question raised in this indictment
whether this defendant is insane. On
The face Of the indictment 1t appears
hat he is insane. He has already