Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-03-30
Thaw Said to Be Standing Try
ing Ordeal in Manner Pleas
ing to Attorneys for the De-
fenSe,
EXPERT TESTIMONY
BARRED FROM HEARING
Prisoner SAbiIity to Understand
Proceedings Against Him
Question for Lay Minds Alone
Commission Rules,
IBy Morning journal Special Lensed wire.l

COMMISSION IlulCOt
tBy Morning journal Special Leased Wirel
New York. March 29-Thc COM
mission in lunacy examining the pres
ent mental condition of Harry X.
Thaw may finish its work tomorrow
and be ready to report to Justice
Fitzgerald by Monday, The Thaw jutY,
viii report i'm court once more at
1890 o'clock Monday morning. and it
| is the hope of the presiding judge as
well as the commission, that the mat
ter of the defendants sanity may be
dispjosed of by that time
If the commission should submit
report to the effect that Thaw fully
understands the nature of the pro-
ceedings against him and has ration
ally advised his counsel, Justice FitZ-
gerald will simply direct that the trial
proceed without making the commits
sion's findings public. If the report
should be against ThaW Justice Fit2-
gerald win announce the decision
from the bench. and if he deems the
prisoners release to be dangerous To
the public peace and safety he will
sign an order directing the conflne-
ment i'm some state hospital for the
insane probably Mattewan. To-day
being Good Friday, there was no ses-
sion of the lunaCy board and ThaW
spent a quiet day in the TombS prison
preparing for renewa! of his men-
tai test tomorrow morning at 10
o'clock The session OF the commits
sion at that hour again vii! be pr!-
vate and there viii! he no public
hearings at all unless the commission
decides to call witnesses other than
the defendant. 1t was reported today
to be extremely unlikely that any W.T.
nesses will be examined, 1t is posi-
BILE that several doorkecpCrs i'm the
Tombs may be called to give a lay
opinion as to Thaw's conduct since his
Incarceration.
The commission yesterday indicated
that It had indicated that it had
reached the conclusion that its mem
bers could decide from their own
examination of ThaW the simple ques-
tions placed before them by Justice
Fitzgerald. 1t was reported again to-
day that neither Thaws own lawyers
nor District Attorney Jerome would
be called upon To testify at the in
quiry The commission apparently
has also decided to keep its record
clear of any expert testimony. Chair
man Mcclure practically told the dis
trict attorney on Thursday afternoon
that the question as to whether ThaW
| is capable Of appreCiating the nature
of the court proceedings against him
and of nationally advising his Coun-
| sci is a matter subjeCr subject wholly
to a lay opinion. Any medical opin-
| ion which the commission may desire
| will come from Dr.. Leopold Putzel
! one of its members.
Thaw's attorneys are so sanguine as
| to the outcome of the lunacY IN
qury that they We're today making
| plans for the resumption of the trial
next week. II seems now that if the
| trial is taken up again. the defense
| probably will announce that II rests
without further testimony. DR.. Allen
| McLane Hamilton, the alienist, who
examined Thaw last June and July
was on the stand when the trial was
interrupted. There is little likelI-
hood that DR.. Hamilton Will be re-
| called. If Thaw is decided to be Of
sound mind today and the trial Is
| resumed, it should not last more than
three or four days. The attorneys in
| their summing up addresses will not
! be allowed to refer in way to the lu-
macy commission, for its appointment
and proceedings are not a part of the
! trial record.
During the trial all the alienists
who had examined Thaw and who
were called to the stand, paid a trib-
ute to the prisoners remarkable
memory. 1t was this memory it was
said. which served him in such good
| stead before the commission on
| Thursday and which led Attorney
Hartridge to make the statement:
'Thaw remembered more about the
trial than / did"
Mr.. Hartridge was with Thaw for
| two hours this afternoon, and upon
leaving the prisoner frankly admit
| ted that the situation pleased him
immensely.
81 have been with Thaw for two
| hours" said Mr.. Hartridge, "and In
my opinion he is in good shape physl-
| callXf and mentally and will go
| through the remainder of the ordeal
as well as he did throughout the
opening session Yesterday.
"Of course the position is a trying
one for him. as II would be for anN
! one, but he has met It bravely and Il
greatly encouraged at the course of
/ events.
81 am pleased to find him i'm such
good condition today and personally
am well satisfied with the case. as II
stands and confident of an outcome
agreeable to Mr.. Thaw and his attor-
neys."
The secrecy Of the commissions ev-
animation of Thaw was not. Mr.
/ Hartridge said, to be construed as a
concession to the defendant. Neces>
sarily matters pertaining to the oriP-
| inal case Will be brought out In the
present hearing, and Il would be man
{ ifestly unsuitable to have the pro-
ceedings made public while the trial
| proper was pending.
| 81 am I'm hopes" he added that
the conclusion of the unacy board
| viii be reached by Monday and that
the trial can be resumed on Tuesday.