Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-04-04
THAW NOW SANE
IS THE VERDICT
Report of Commission Said to
Be Unanimous.
WAS NOT MADE PUBLIC
Defendant Very Nervous Over the
Long Delay Today.
ALL THE FAMILY IN COURT
During the Morning 1t Was Reported
That the Expert Would Have
Minority Report.

NEW YORK, April 4.-Harry
Thaw has been declared sane by
the lunacy commission, and while
the report has not been made pub
lie, it is said to be unanimous.
Neither Thaw nor the jury was
III court when the report was hand
ed down. District Attorney Je-
rome said if the report was adj
verse to his contention, he desired
to be heard before it was con-
firmed. The news of a favorable
decision, which was declared to be
unanimous, was quickly whispered
to Mrs. Evelyn Nesbit Thaw and
Mrs. William Thaw and other
members OF the family. A messen-
ger also was dispatched to the pris-
onerS pen to take the news to
Ihaw. The prisoners family and
the members OF his counsel were
delighted with the news of the
commission findings. and de-
clared they did not think Mr.. Te-
rome could bring sufficient argu-
ment to bear to prevent its con-
hrmatiOn by Justice Fitzgerald.
NEW YORK. April 4.-In anticipation of
verdict by the commission in lunacy
which for more than a week has been in
curing into the present mental state of
Harry Il. Thaw. large crowd gathered at
the criminal courts building today. The
jury had been ordered to report before JUS
tice Fitzgerald at 1880 O'Clock
DIR. Putzel was the first notable figure
connected with the trial TO reach the court
house today. lie arrived at 9:45 and went
direct to Justice Fitzgerald's chambers. He
would not discuss the case in any way.
Commissioner Oney arrived few min
utes after DIR. Putzel and Justice Fitzgerald
reached his chambers at 10 am. He began
at once to consult with the two commits
sioners.
Rot. SAYS Thaw.
The commissions chairman. MIR. Mcclure,
did not reach the court house until 1925
am. All the members OF the 1ndW FAMILY
were early in the court room The party
included Mrs. William Thaw, Mrs. Evelyn
Nesbit Thaw. the Countess of Yarmouth,
Mrs. Carnegie and Edward and Josiah
Thaw
When Harry Thaw told in the Tombs
this morning that il was rumored he had
broken down for two or three minutes be-
fore the commission yesterday afternoon
when he questioned on the subject of
his decisions he exclaimed:
Nonsense, Rot
Justice Fitzgerald came into court at
1880 am The jury and the defendant
were brought before him. Thaw seemed
nervous and excited, and these feelings ex-
tended more or less to every person in the
crowded room. The members of the Thaw
family group moved nervously and seemed
10 apprehend that the crisis of the trial
Was at hand.
Jury Excused Again.
II was quickly noticed. however, that the
commission did not make its appearance.
and this gave rise to the suspicion that
decision to Thaws present mental
condition had not been reached
The suspense was soon ended by Justice
Fitzgerald turning to the jury and saying:
Gentlemen of the jury: ] am going TO
discharge you until . pm. BE careful not
To- discuss the with any one. and don't
let any one talk to you with reference to
what Is taking place"
The court crier thereuDon ordered a re-
cess until 2 o'clock and the court room
was cleared.
Among the many rumors as to the de-
cision of the commission was one TO the
effect that a majority and minority report
had already been filed with Justice Fitz-
gerald-the majority, Messrs. Mcclure and
Olney, declaring Thaw was sane. and the
minority report. made by DIR. PutZel de-
claring him insane. 1t was said Justice
Fitzgerald had ordered the adjournment
until pm. for the purpose of consulting
authorities as TO which report if either. he
should accept under the circumstances
There was no way OF verifying this rumor
May Accept Either Report.
IT was said in the district attorneys
office today that Justice Fitzgerald has the
right TO accept either the majority or the
minority report as his conscience dictates
There is precedent, 1t was added, for
the acceptance Of a minority report from
commission In lunacy.
DR.. Putzel Departs.
Following the adjournment of court. Jus
tice Fitzgerald again went into conference
with the three lunacy commissioners In
less than fifteen minutes time Dr. Putzsl
left the chambers alone. He walked ont
of the criminal courts building briskly and
with an air OF inaIity His action In with
drawing from the conference gave rise to
the report that he had submitted a minor
lily report. and was unwilling to change his
Views in any way. DR.. Putzel declined
TO discuss the matter in any way
Messrs. Olney and Mcclure Of the COM