Show I PRIMITIVE LAW OF RIGHT AND WRONG HAVE ASSUMED LEAD IN THAW DRAMA Il i I Julian 11 lm II Now New cw YUI York Feb 1 10 The Th Tho defense C of or Thaw as us maintained IH last l week weel has cum commanded a attention and amid J Interest I t rost because be he- cause caUM It ha has hal followed natural lines hues The he e laws of right and amid wrong o of human humal natures nature's attacks against it itself it- it itself self have havo a assumed the time leading place in iii II the time drama while the time statute law as a- tc Ic devised 1 by civilized mal man though not ot ota a avowedly ly Ignored or cm 01 defied has Ims nevertheless never timeless been practically evaded o and ammil Us its Is Ismal mal malignancy to deal Ical with wih the time most mut vital Hal problems of human humal conduct has been demon demonstrated Probably Pu the united talents and all combined r resources of counsel for fOl the defense U havo brought about about aboul this thus rc- rc suit sull but bul on 11 it the time open ollen stage we wc see sec mainly th time the genius of otto one great lawyer mist rising S mig a hove above co conventional tunal ii von t I standards standards- and ami precedents Anti And though never nc el challenging the technical public pol point lt o legal procedure yet yel et contriving 11 lug ing to lo mal make that procedure cooperative cn co opera tive lve to engender Itself It I has Imas long IonS sluice since been heen recognized that lawyers lawyer exist and become rich and famous b by discovering cring means mean fur for cm enabling their clients to lo find loop holes of escape hut but these devices de have uniformly been employed to 0 help hell rich and timid criminals Individual or 01 corporate out of their theiu embarrassments anti and to lo smooth the path to further depreciations tons But Bul Bu what Is now huu ought brought ht before before be be- fore fute us Is s the time spectacle of forms and amid interpretations of oC law bait used to lo vindicate the Iho higher law which seeks justice b by penetrating through the time entanglement of legal forms and which eXI exposes the Incompetence of all al forms which tend lo to put pui the loiter letter of ur justice jutco above the spirit s of SC It and to lo to excuse from flom prevention tion ticum ton or 01 penalty some omo of the foulest In Iniquities In- In Incident to tu social relations We rc have havo hal d the story stol of sf lh the betrayal be be- he- he tryal of a young girl hl by an aim al elderly rake told on OIl the witness b by the thc girl Irl hei hel herself elf This has been done inthe In the teeth that the letter Idler leter of the law forbids the time of it when the Ole mat mat- tom ter of trial I Is not nt the tIme ruining of Ir time the girl l hl lint hut the act by hy which in tim II consequence cone conse quence luence of her ruin her bier husband was ira driven to 10 In insanity Ti The I wife Ife had told the time story toly ti to the man maim she the afterward married lue 1 tu h C the occurrence of the tragedy tras- tras I edy and an UM the e what the hi gim-hi disclosed cd to lo him hll acting I II upon u a mind conveniently out of pol poise prod produced I the hits Insanity which culminated I ed eLi In 11 the thc Killing Viewed from frol this thin standpoint the time I I an woman's womans ruin became pertinent us aM evidence evi evl- dence to avert th the death penally from her husband and the time sole olt stipulation which the prosecution could interpose c was tho the witness winess was ti called cled on un the stand tand notwithstanding that ihaL she had bal alca already told tho the st stir ry to th the prisoner pris at bar In truth It J would hardly be possible for fOl her hem to toil tell tel more or even en Kb b much to the time examiner I in the court I room as had Imad been cn dla drawn dm-avim w n from helIn hot her herby hot'S h by In the time II Ins and amid self toi elf luring cu curiosity cu- cu rosi of or the time man lan manlio lio loved 10 lice her who vho as is always ul in itt cases where jealousy Is Involved could not too tuo ful fully rm himself of these which him him on till the rack m Though bought they thoy destroy him ho lie must needs know OW them and no IW legal leal crots oss s could elicit so su much But Bul aloth another 1 of this leC defense lse is time the tl fact that the lie technical tech Ical character of l el Evelyn 1 Thaws Thaw's tes Cs- Cs was not as a matter mater of hC f fact to be he substantiated b by th time the defense de Lie- fet or 01 disproved by the time pro prosecution limit hut merely as a story stomy which true moO or I false to unsettle the time defendants defendant's defend defend- lilts ants alts alt's reason leason All AU 1 that the tIme state stale cando ran can rando do Is lo tu question I the lie witness s as al to I whether all aU that she sho told on time the tand had Imad been previously related relate to tu time the defendant dc- dc but obvious obviously ob tills this line lne of Interrogation could coult result only emily In fal- fal fail fail- ure If I It could CoUll be successful ful no doubt douht It would annu annul lieu her entire enire story ston front from frol the le legal al standpoint but Jut it i callot cannot succeed And nd even en e did it I succeed the time effect of It upon the lie Jury is an aim accomplished I 1 fact act and no adjurations on un the part pait par of or the prosecution 01 or oven even of the Judge Judg to to the effect hat that they must dl dismiss ll s it i from froni their minds in Iii formIng forming form form- ing lug their theli verdict would have al any ammy perceptible per pcr- influence upon them They have heard It I. I and amid thc they credit It I and amid legal I I injunctions ca cannot mm not ext extirpate I u ft from froni om a man hiM belief z Nevertheless the time district attorney wimp who Is at his wits tits end cud 1 may very cry lel likely make malc an aim al effort to lo defame Evelyn's Evelyns Eve Ive- 1 lyn's lyns story in II this wa way that thai he will wJ leave Ica e no stone unturned to obtain a conviction con of th the lie defendant at what whal- o ivet co cost t to justice Is Js evident e from his ills attitude regarding the limo will wil of the def defendant a holograph offered b by the time I defense U as indicative c of ff the time abnormal state of Iho thu prisoners prisoner's mind just be before before he- he fore fOlo the killing But Bul It Is II of oC Import Import- ince ance LI lo to tIme the defense nol nolon m account of the thc Insanity plea pica alone but al also aiso o. o and I more mom bc because cau e It shows hows that thai Thaw apprehended an Silt al attack upon uon his hiM own civil life from White hite I And Amid also that ho he had rc regarded a sort of ff if general cn ral cha champion I and protector of young girls who ml night might ht be bc liable to be influenced a awas ua as was his wife trite He Ho Included in iii II hl his will wil provisions for fO time die defense o of ut such ct girls which h proves that he hc took himself himself him him- self and hit his situation seriously an and mat ti-mat he lie Cul fully believed all al that thai his wife t had haul cOlfe confessed ed to tl i him If I the district attorneys attorney's desires and amid object in lii this case CUC were tele nub only that the tho truth should be ic known and amid justice be done he lie would not have opposed the Iho ad admission al- al II mission of this singular ulal document but he I betrayed t ed on the tIme contrary an un almost t hysterical craving to keep It 1 from tIme JUI Jury One Otto of time the left lee I tu be sette settled this week Is 11 whether er em 0 or 01 not hOt his effort in iii this point will prevail al For lor or this week treek the district at attorney hr has two tire important moves mores tN mn 1 First he will wi bring forward fon a nun u S r her ber of ii Ine I young women called cull call cal cal- S ed eLi II from frol the tl hits stage and amid ottI others I tu te S l thai butt Evelyn g was vas already u corrupt cur cot rupt Luit when White first tnt mol met her luci that tha his illicit relations with w-ith wih hem did dil no not cease ccase tum time the lime hue of th lr Ince lion tol until art after I lieu her alla marriage c. c am and amid that thai in itt short her whole account of their dealings with wih each cach other was wa essentially fal false e He HI will trill wi secondly h by means of th thu alienists summoned h by the time state and amid wise otherwise try tiT to tim overcome U the defenses defense's de tie- ruses ruse's felse's allegation of itt insanity at least least- SI so f far fUI as it I Is tic lined by n time the New NewYork NewYork ew I York statutes It I is plain that thai it Its is far Car more JI likely lr to- to pre al with wih hl bis second lumP line of attack than thal with his tim first The Time plea pica of Ins Insanity put forward for for- ward d h by the time defense though a plausible plaus ible ihle and amid In sonic some respects a strong trul one OlO is II not nol conclusive and ald eel even If IT some SOI degree or oi 01 kind huh of In Insanity W were I e established It I ml might ht not lot fall fail Cal the light assigned to it h by tho time New le Yurl statute H as carrying cau exemption In the time death penalty But Bul even cven on time the assumption that lint the district at attorney at- at torney overthrows this plea It I would not lot follow Colow that he lie could convict his I p prisoner iio onel no u I The Itten law luit of course being hellI hiss has no flu ni standing in iii court j I The Time jury jUI will wil not of If course coule acquit Ion on the explicit ground of the time unwritten unwritten ten law hut but it I will wil wil I follow the tue luau lead leut of the time defense c in 11 making making In Insanity time the pretext foi acknowledging the time unwritten ll 11 ten laws law supremacy under this el cir dc- Anti And th this Is will trill wi prove no noI dereliction of tut duty on oum the Jury's Jurys I part I It will trill they I wJ mean simply hint tT recognize an and can camm cal not help 1 trig Ing InS the time faful failure of statute law Jaw to lo deal with wih certain Intolerable abuses and amid that thai the they point the tIme way ray to legislative I reform mim of oC the time law lair by hr overruling It In relation to u mu certain practical In lii- lii I stance I As s 1 to tu th the te testimony in Iii rebuttal 11 of evidence e to tl be lie offered lcd h by the district alorIC attorney It I Is not wl likely to tu develop any effective o strength I Even Evel had imal Evelyn g elyn not lint already Im Impressed 11 pressed upon the jur Jury her positive and amid explicit story no 10 categorical contra diction dIcton Of oC It would be he po possible In iii the I face of an mimi 1 energetic etc CIo cross examina s tion lon the testimony of the thc spawn of I jibe the studio and und the sweepings s of oC the tho green would appear as Ht little I better betel than that scandalous gos and o I hearsay hears And after all al was said aid and amid done the fact would remain here arc ure husband hUbun and wife who love o c each other ama and who and who were aS assailed le b by tee ter terrible utile circumstances and enemies The Tho husband placed his s life Jfe in II Jeopardy to tu save sate his bis wife info the wife true sacrificed her band tc Jo He to save sate e a her hem husband hus hums The They were e both SU guilty I t of wrong wrong- but bul the wrong ung wa wu forced upon them h by g greater eater 10 tel wron wrongs wrong wh which h lie li-c al the time base o of our OUt social st And imd the tIme Wn ta way to hea heiti evil e 1 that hits has his been done lone Is not nol to the erring Indi vidual bul bu to reform the deC defects ct upon which whelm him hr hl My his f P misery anti and slums sins |