The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-03-28
THAW FACES MEN
TO TEST SANITY
Inquiry of the Lunacy Commits
sion Will Be Pushed With
All Speed.
JUDGE 0'BRIEN RESIGNS.
DAVID MCCLURE NAMED
Some of the Sessions Will Be
Executive and Behind
Closed Doors.

NEW YORK, March 27.-After tho
jury, which has been trying Harry X.
Ihaw for more than two months past,
was excused today until next Monday
morning, and the members of the lunacv
commission named TO inquire into
ihaw's present state Of mind had been
sworn in, there came the sudden an.
nouncement that former Supreme Court
Justice Morgan j. o 'Brien, the chair
man OF the commission, had resigned,
N letter to Justice Fitzgerald, Judge
y BrIen stated that, upon reflection, he
was forced, because of the condition OF
his health and professional engagements
previously entered into, 10 decline TO
serve as 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 former Police Commits
sioner McAdoos 8 Advisory Committee
of Citizens, to fill the vacancy Mr..
Mcclure met the other members this af.
ternoon, and was chosen chairman. Lat
ter he announced that the first session
of the commission will be held tomor-
row afternoon at o'clock. The com
mission g inquiry in general will be
| open, although there vii be executive
sessions from time TO time.
Resignation a Surprise.
The announcement of Justice
Q 'Brien IS resignation came as com
! plete surprise. When the Jury reported
this morning at 10 o clock, Justice Fitz-
gerald was engaged in his chamber with
the members of the commission appoint
ed yesterday. These were former Jus.
tice o 'Brien, former District Attor.
ney Peter B. Olney, and DR.. Leopold
Puizell.
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 under
take, The interview lasted for mora
than an hour, and then Justice Fit5-
| gerald convened the court. Harry Thaw
was brought in and found all the mem
bers of his family awaiting him. He
looked exceedingly well physically.
Justice Fitzgerald, in discharging tho
Jury until next Monday, warned them
TO be careful not 10 discuss the case
in any way or 10 read any newspaper
accounts of what is taking place. IL
! was SAID tnat IN directing the jury 10
report next Monday, Justice Fitzgerald
did not wholly expect that the com
mission viii be ready to render an opin-
ion by that time. II the commission s
inquiry is prolonged the jury will be
called into court every few days, in
order that it may be intact for re-
sumption of The trial should Thaw be
declared sane.
New Member Arrives.
Following the proceedings IN court,
Justice Fitzgerald had another confer
ence with tho three commissioners orig
inally selected, and when they LETT The
Criminal courts building at the lunch
con hour it was announced that they
would reassemble al 3 p. III. At that
hour MIR Olney and DR., Putzell put in
their appearance. Mr.. Mcclure arrived
soon sfterward.
His presence was unexplained, how
ever, for more than an hour Then
came the announcement Of Judge
O'Brlen s resignation and the appoint
meut of Mr. Mcclure as his successor.
The commission hopes to get under
way without any delay whatsoever. and
will press the inquiry to the speediesl
possible conclusion.