The Washington herald., 1907-03-28

New York. March 27.-There was a
sudden shift to-day in the membership
of the commission which is to decide
whether or not Harry K. Thaw is now
sane and capable of advising with his
counsel
Ex-Justice Morgan J. O'Brien, who. it
was expected. would be chairman Of the
commission, resigned and Justice Fitz-
gerald appointed David Mcclure, the law
yer, ia his place. Then it was announced
that the arst session of the commission
would be held at . o'clock this afternoon
and the hearing would be opened.
The resignation OF Justice 0'Brien came
as a great surprise. When Justice titz-
gerald opened court in the morning,
O'Brien was present with the two other
members of the commission, Peter b.
Olney and DR.. Leopold Putzel. The jury
was brought in and Justice Fitzgerald in
q few words excused them until next
Monday morning. The proceedings lasted
a very few minutes.
Messrs. O'Brien, Olney, and Putzel sat
inside of the rail and looked at Thaw
with interest. He looked brighter than at
any time during the trial His hair, which
has been shaggy had been trimmed.
which improved his appearance a good
deal
Evelyn Ia Tears.
AS soon as the jury had been excused
Thaw was taken back TO the Tombs. The
women members of hts family were in
court and he bowed to them as he passed
cut Mrs. William Thaw and young Mrs.
ThaW had arrived first and took seats
together Then the Countess of Var
mouth and Mrs. George Carnegie took
seats next to them about fve minutes
later. They all seemed on excellent terms
with young Mrs. Thaw, who was very
pale. and appeared 10 have been crying.
AS soon as Thaw had left the courtroom
Justice Fitzgerald had a talk with
jerome, Garvan, and Hartridge. The three
then members of the commission filed into
Justice F1tzgeralds chambers. They
stayed there for nearly an hour when It
was announced that there would be an
open session at O'Clock of the three
commissioners. Justice Fitzgerald had
told the jury TO report again on Monday.
When 3 O'Clock came Justice O'Brien
had not appeared. After a wait OF over
an hour. Clerk William Penney read a
letter from him saying in substance that
owing 10 the condition of his health and
his many professional engagements. he
must decline the service
Attached to the letter from Justice
O'Brten was the order of Justice Fitz-
gerald appointing Mr. Mcclure in place
OF Judge O'Brien.
There had been no inkling that Justice
O'Brien would not serve on the COM
mission before the bare announcement
was made ny Edward F. Carroll. clerk
OF General Sessions, followed by Clerk
Penney, reading Justice O'Brien's letter of
resignation. II turned out that Mcclure
had been IN Justice Fitzgerald's cham
bers for over an hour, and that he had
been sworn IN while everybody was wait
ing for Justice o. Brien 10 appear.
Members Refuse to Talk.
The commission talked for over two
hours. When adjournment was taken at
3 o'clock they refused to say word. Mr..
Carroll said that the session would be
open tomorrow afternoon, and all the
sessions would be open. Beyond that the
commissioners were silent
1t was learned that the commission kept
Jerome waiting an hour before ii sent for
him. No business was transacted. There
awas nothing TO show that chairman Of
the commission had been selected.
Nothing was said about what would
be done tomorrow afternoon. The law
yers were not called upon to produce any
witnesses. II is possible that the COM
mission may formally organize.
II was the general impression that there
viii be a mental and physical examination
of Thaw by the commission. It could not
be learned whether the oral examination
would be in private or in public. 1t is
certain that the physical examination
viii not be in public. Thaw says he does
not object TO submitting to sn examina-
ti0n.
Thaw is upset over the delay. Those
who had 10 talk with him to-day found
that he was very irascibie. He viii be
present at The hearings Of the commission.