Thaw. The
commission reported that Thaw was sane enough to be tried and
the court then proceeded with the original case for the
purpose of allowing the jury to say whether he knew the nature
and quality of his act and that it was wrong when he shot and
killed White.
This was a totally distinct proceeding from the interposition
of the DEFENCE that the accused was irresponsible when he
committed the crime charged against him and was not
inconsistent with it.
Now supposing that the Commission had reported that Thaw was
insane at the time of examination and not a fit subject for
trial, but, on the contrary, ought to be confined in an insane
asylum, the District Attorney would have spent some twenty odd
thousand dollars and a year's time of one or more of his
assistants in fruitless preparation. Yet, as the law stands
on the books to-day in New York, there is no adequate way for
the prosecution to find out whether this enormous expenditure
of time or money is necessary or not, for it cannot compel
the defendant to submit either to a physical or mental
examination.
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