Jasper County Democrat, Volume 9, Number 52, Rensselaer, Jasper County, 30 March 1907 — JUDGE CAUUOT DECIDE [ARTICLE]

JUDGE CAUUOT DECIDE

Fitzgerald Concludes to Leave Harry Thaw’s Sanity to Some More Experts. ONE IS STRONG ON INSANITY Other Two Are Strong on the Law in the Case. Defendant’s Counsel at First Downvast, but Recover Their Spirits Eater—Thaw Says He Is Not Afraid. New York, March 28. —The Thaw lunacy commission went into open session at 2:06 p. m. Thaw appeared before the commission Immediately. Chairman McClure announced that Thaw’s mental and physical examination would be private. New York, March 27. Harry I\. Thaw may never again face the jury empanelled more than nine weeks ago to try him on the charge of murder In the first degree. Justice Fitzgerald has unexpectedly handed down a decision ordering a commission in lunacy to Inquire into the present state of mind of Stanford White’s slayer. The decision of the three disinterested men now to conduct the Inquiry will guide the future action of the court as to ordering Thaw to an asylum for the Insane or directing that the Indefinitely Interrupted trial for liis life shall proceed. Thaw Expresses Confidence. Justice Fitzgerald announced the appointment of the commission privately, in his chambers. Mrs. Harry Thaw was there with the lawyers and it became her task to break the news to her husband in the Tombs. Tearful when she left the judge’s rooms in tin* criminal court building, the young woman who has been such a conspicuous figure in the trial from first to last was smlliip? and cheerful when Thaw wus brought from his cell to the hospital ward of the prison to meet her. Thaw received the court’s decision philosophically, and said he had no doubt the commission would declare h'tn u sane man. Men Who Form the Commission. Tho personnel of the commission named by Justice Fitzgerald lends a new distinction to this already notable case. The men who will determine Thaw's mental capacity are: Morgan J. O’Brien, an ex-justice of the appellate division of the supreme couit; Peter R Olney, ex-district attorney of Now York county, and a lawyer of high legal attainments; Dr. Leopold Putzol, a practicing physician and authority on mental disorders. The Thaw Jury was ordered on last Friday to report before Justice Fitzgerald today at 10:30 a. m. At that hour there was a brief court procedure, the jury being excused indefinitely. POWERS OF THE COMMISSION • - Thaw May Be Examined Physically— Effect on Counsel. The Thaw lunacy commission will be attended by District Attorney Jerome. The lawyers for the defendant will also be present, and the commission may direct ai\d compel the attendance of any witnesses it may doplte. It is probaLde that Thaw will be asked first of all to submit to a rigid physical examination. Having undergone several of these since his incarceration he is somewhat uervous on this subject, but it is said by his counsel that lie will do anything in his power to aid the commission with its work, and that he hoped for an early opinion as to his sanity. Thav's lawyers and the defendant himself were downcast when they were first made acquainted with Justice Fitzgerald's decision, Dut all were manifestly pleased when the later announcement as to the personnel of the commission of inquiry was made. Dolmas in particular declared that Justice Fitzgerald could hardly have selected a more generally satisfactory commission—one whose decision would command more confidence and respect. Justice Fitzgerald's conference with the attorneys lasted less than twenty minutes. To the newspaper men waiting outside the chambers District Attorney Jerome as he emerged uttered the one word: “Commission.” Jerome wus soon followed by Hartridge, O’Reilly, Feabody, Dolmas, Gleason and MoPike. One of the men In this group was heard to remark as he left the chambers: “It couldn’t he worse.”

THAW IS NOT SUKPHISED Says “It’s All Right Dearie’’ Not AfYaid of the Ordeal. Later,however,the attorneys seemed to take a brighter view of Justice Fitzgerald's decision. Hartridge said: “We did not expect a decision of any sort tolay, much less the one that was rendered. We had hoped the trial might go on without further interruption. The commission will ineun considerable delay. This will be particularly tiying to the ladies connected with the trial. Now that the deyls--1 jti has been rendered, however, it is hard to see how Justice Fitzgerald could have done otherwise. Of course, there was u conflict of affidavits and he cannot understand t how firmly Thaw’s counsel believe In .his sanity.” Hartridge and O'Reilly went with Mrs. Harry Thaw to the Tombs, and there in the hospital ward they met

the prisoner. This ward bad been placed at tbelr disposal because of the crowd In the usual consultation room. The brothers of the defendant did not go to the Tombs, but hurried uptown with the news of the commission to their mother and sisters, who were waiting In their apartments. Thaw bad divined the result of the conference with Justice Fitzgerald, and was not in the least surprised. “It is all right, dearie,” be said to his wife. "I am not afraid of a commission. 1 am a sane man now; just as sane as the judge himself, and I am sure that any fair-minded commission will so declare me.” The attorneys quickly withdrew from the conference, nnd Thaw and his wife sat for a long time together discussing what the commission probably would do. When Hartridge came out he declared: “The fortitude of the boy [meaning Thaw] astonishes me sometimes, and It certainly did today.” Later In the afternoon Thaw sent out a statement In which he said: “Everything is perfectly satisfactory to me. I am sure I will be able to satisfy the commission that I am 'sane at the present time. Anything Justice Fitzgerald does is all right. He has always acted in a fair und impartial manner.”

JUDGE O’BREIN IS OUT Declines to Serve on Commission to Test Thaw's Sanity. New York, March 28. After tho jury which has been trying Harry iL Thaw for more than tw.o mouths past was excused until next Monday morning, and the members of the lunacy commission named by Justice Fitzgerald to inquire IntoThaw’s prosent’state of mind had been sworn in, there came the sudden announcement that ex-Su-preme Court Justice Morgan J. O’Brien, the chairman of the commission, had resigned. In a letter to Justice Fit/.gtrald Judge O’Brien stated that upon reflection he was forced, because of the condition of his health and professional engagements previously entered into, to decline to serve as a member of the commission. Justice Fitzgerald Immediately made a new order appointing David McClure, a well-known attorney of this city, and a member of ex-Poliee Commissioner McAdoo’s advisory committee of citizens, to fill the vacancy. McClure met the other members of the commission and was elected chairman. Later he announced that the first sesslon of the commission will he held this afternoon at 2 o’clock in the court room where the trial has been in progress.