The Montgomery advertiser., 1907-04-05
Jerome Will Try to
 Appeal VERDICT WAS UNANIMOUS
 AND CAUSED ELATI0N District Attorney Secures Adjourn ment to Investigate Law. Declares Justice Fitzgerald Erred In That He Was Not Allowed To See Minutes of Last
 Session of the
 Board.

Board.
 New York, April 4-Harry K. Thaw today was declared sane by the unani- nous report of the commission In lu- macy appointed to inquire into his pres ent mental condition.
 The moment the decision was handed down from Justice Fitzgerald's desk, District Attorney Jerome was on his feet vigorously protesting against US confr- >ation by the, court. He charg- ed thu. Ne had been excluded from the last sessions of the commission and de- manded to be allowed to have access to the minutes and stenographic notes of what transpired at the final mental and physical examination of the defendant.
 When Jutice Fitzgerald declined to turn the minutes over to the Distrlct Attorney, MT. Jerome declared ne would carry the case to the Appellate Division of the Supreme Court asking that a writ of prohibition or that a mandamus be granted to prevent con tinuance of the Thaw trial until the higher court had ruled upon the legal ity of the commissions con SC.
 Justice Fitzgerald remindtd Mir. Je- rome that he had waived the statutory rights of attending the last session or the commission b. suggesting himseii that all the attorneys be excluded from the sitting in question. He then granted the district attorney an adjournment until Monday morning next in order that he might have time to prepare his application to the Appellate Division
 Cuts Jerome short.
 Mir Jerome protested that the time was not sufficient, but Justice Fttzger- ald cut him short with the announce ment that the trial must be concluded forthwith. 2
 unless MT. Jerome should secure . writ of prohibition m the meantime, Justice Fitzgerald is expected to an- nounce on Monday morning that he has confirmed the report of the commission and order that the trial proceed with out further delay. The district attor' ney and the counsel for the defense will be heard in argument as to the confirmation of the report at Mondays session of the court if they so desire.
 After the adjournment today MT. Je- rome issued a statement in which he said he could not tell until after thorough examination of authorities whether or not he ought to take fur ther action in the way of an applica- tion to the appellate division. Should he reach the conclusion after examin- ing the law on the subject that Jus tice Fitzgerald had committed legal er- TOT in refusing him access to the com missions minutes he would of course take further action
 MT. Jerome declared that if he made an application to the higher court 1t would be because of the precedent set by Justice Fitzgerald and particularly because of the effect of this case.
 Thaw was not in court to hear the decision. EA
 Jury as Excluded.
 The jury which has heard the testi- mony against him was also excluded and both prisoner and jurors were out of range of the district attorneys heated discussion with Justice Fitzger- ald All the members of the Thaw family including the mother and wife of the def ndant were present. how ever, and ieir keen delight over the from the commission was turned into alarm at the unexpected attitude of the district attorney whose threat to take the matter before the appellate divis- ion of the court seemed to involve an- othf serious delay in the long drawn out dal
 The news of the commissions unani- nous verdict as to his present sanity was carried to Thaw iu the prisoners cell He expressed satisfaction but not surprise. There has never been a time since the commission was appointed that the defendant had not been who'll lv confident of the favorable decision. He declared today that he felt especial ly lucky because it was the second anniversary of his marriage.
 The decision came during the after noon session of the court and after reports based upon significant circum- stantial evidence had gained wide cir AN--- AH.1k AI&A ntCeN NNw and could not reach an agreement. The two lay commissioners David Mo , Cure and Peter B. Olney-were said so have submitted a report declaring Aaw to be sane whereas Dr. Leopold PutzeI was asserted to have submit ted a minority opinion to the effect that Thaw was not, wholly sane depsite able to advise lucidly with his coun- sel.
 Justice Fitzgerald had a long con- sultation with the three commission CTS prior to the converting of the court session and announced that there would be no deciison before o'clock. In the meanwhile Dr. Putzel with drew from the conference and this gave rumors to the report that he was at odds with his fellows members.
 The unanimous report. therefore came as a complete surprise In hand ing 1t down, Justice Fitzgerald gave no inkling whatever as to the finding and as the report was not read in court, few of those in the crowded room knew what the verdict had been MT. Jerome made his plea without pe- rusing the report He evidently had divined its contents, however, although carefully prefixed the phrase If the report should be unfavorable to my contention" to all his remarks.
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