Daily press. [volume] (Newport News, Va.) 1896-current, 1907-03-28
Former Supreme Court JUS
lIss Takes Oath Of Office and
Then Sends in Resignation.
IT WILL MEET THIS AFTERNOON
Most of the Sessions viii be Open
But Executive Meetings VIII be
Held from Time to Time-WclI
Known Lawyer Appointed in Judge
o'Brien's Place.
(By Associated Press,

NEW YORK, March 27.-After the
jury which has been trying Harry *.
Thaw for more than two months past
was excused today until next Monday
morning, and the members of the lun-
acy commission named yesterday by
Justice Fitzgerald to inquire into
Thaws present state of mind had
been sworn in, there came the sudden
announcement late in the afternoon
that Former Supreme Court Justice
Morgan ]. O'Brien, the chairman of
the commission, had resigned.
In Il letter to Justice Fitzgerald,
Judge O'Brien stated that upon reflec.
ton he was forced, because of the
condition of his health and profess
sional engagements, previously enter
ed into, to decline to serve as a mem
Der of the commission. Justice Fitz-
gerald Immediately made new APP
pontment, David Mcclure, well
known attorney of this city and a
member of former Police Commission
err McAdco's advisory committee, to
fill the vacancy. Mcclure met the
other members of the commission this
afternoon and was selected as chair
man, Later, he annoppced that the
first session of the commission will
q
o'clock in the court room where the
trial has been in progress. The com.
missions inquiry In general will be
an open one, although there will be
executive sessions from time to time
Tho announcement of Justice o.
Brien's resignation came as COM
plete surprise.
When the Thaw jury reported in
court this morning at 10 o'clock JUS
tice Fitzgerald was engaged in his
chambers with the members of the
commission whose appointment he an
nounced yesterday These were for
mer Justice fO'Brien, former District
Attorney Peter e. Olney and Doctor
Leopold PutZel. Justice FITZGERALD
administered the oath of office to the
commissioners and talked with them
concerning the case and their duties
in connection with the inquiry they
were about to undertake. The inter
view lasted for more than an hour
and then Justice Fitzgerald convened
court and the three commissioners
filed in and took their places near
the clerks desk Harry Thaw was
brought into court and found all tho
members of his family awaiting him
He looked exceedingly well physically
and smiled agreeably to his mother,
his wife, his sisters and brothers.
Justice Fitzgerald in discharging
the jury till next Monday, warned them
to be careful not to discuss the case
In any way or to read any newspapers
account of what is taking place. It
was said that in directing the jury
TO report next Monday, Justice FitZ-
gerald did not wholly expect that the
commission will be ready to render
IN opinion by that time If the COM
mission Inquiry is prolonged, the jury
will he called into court every few
days in order that 1t may be kept
intact for a resumption of the trial
should Thaw be declared sane at the
present time. a
o'6rien's Resignation Unexpected.
Following the proceedings in court
Justice Fitzgerald had another con-
ference with the three commissioners
originally selected and when they left
court building at the luncheon hour,
1T was announctl that they were to re-
assemble at 3 o'clock. At that hour
Mr.. Olney and Doctor Putzel put in
their appearance. Mr.. Mcclure arriv-
ed soon afterward and was ushered
into the Justices chamber His pres
S'iSe "do uHcSpldilcu, however, 1Or
mere than an hour.
Then came the announcement of
Judge O'Brlen's resignation and the
appointment of Mr.. Mcclure as his
successor. Messrs. Mcclure, Olney
and Putzel conferred for some time
and finally announced that their first
formal session will be held tomorrow
afternoon and would be open to the
public. The commission hopes to get
under way without any delay whatso-
ever, and will press the inquiry to
the speediest possible conclusion.
His Letter of Declination.
In rcslgning from the lunacy COM
mission, former Justice O'Brien wrote
to Justice Fitzgerald as follows:
MY dear Justice Fitzgerald:-
when you honored mo by asking
mo to consent to become member
of the commission In the Thaw case
and suggested that by so doing 1
would he rendering public service.
] acceded to your request notwitll-
.IH.H