The Montgomery advertiser., 1907-04-05
Lunacy Commission Thinks
 Harry 7hav Has Good Mind.

1 to District Attorney Jerome and coun' sel for the defense.
 MT. Jerome arose to address tn, court before reading the report. l Neither Thaw nor the jury were 1T | court when the report was handed Jerome Desired Hearing. | District Attorney Jerome said if thu | report was adverse to his contention he desired to be heard before 1t va. | confirmed.
 The news of a favorable decision | which was declared to be unanimou. was quickly whispered from the de fendant's counsel table to Mrs Eve. lyn Nesbit Thaw and Mrs. William Thaw and other members of the fam fly. A messenger also was dispatched to the prisoners pen to take the glad tidings to Thaw.
 The prisoners family and the mem bers of his counsel were delighted with the news of the commissions find- ings, and declared they did not think Mir Jerome could bring sufficient ar- gument to bear to prevent It's con- firmation by Justice Fitzgerald.
 District Attorney Jerome in address ing Justice Fitzgerald before reading the report. said:
 While I do not know what the de- cision of the commission may be want to state to your honor my per- sonal opinoin in this matter. I stated and still adhere to the contention that this defendant Is insane But if the ommssion's decision Is unfavorable to the suggestion I made upon the re- cord I will have to proceed with the trial and press for conviction with all the power at my command Be- fore I am confronted with that condi- tion, however. I desire that your hon. or will hear me as to the confirmation of this report"
 "I have read the testimony adduced before the comission very thoroughly, said Justice Fitzgerald. "and that &C., counts largely for the delay this morning."
 Criticized the Commission.
 MT, Jerome reviewed also at length the sessions held by the commission in lunacy. He was inclined to criticise the commission for excluding him from the final examinations made yes- terday afternoon.
 Before I can argue the point of the law I have in mind" said the district attorney. "I desire that I be allowed access to the minutes of the commis- sion, especially the secret session. The law specifically says The commission must be attended by the district at torney.' I was not allowed to attend the session wherein Thaw was finally examined. That session continued for more than two hours.
 Regardless of the hardship it may have worked upon the court, I must demand to see the commissions min- utes and have time to read them be. fore proceeding with my arguments. I am as anxious as any one to get through with this case. but this delay Is necessary"
 T promised the commission" con- tinued MT. Jerome, that I would not attempt to use any evidence adduced before 1t at the trial of this defendant if 1t should be resumed, and of course l shall adhere to that course. have a right to be heard as to the conflrma- tfon of this report. I claim that there is precedent for the court to refuse ta confirm a report from a commission. The statutes make 1t mandatory that the district attorney shall attend com- missions in lunacy appointed in crim- inal cases"
 But did you not suggest that the commission conduct its final exami- nation of the defendant In private? ?' interrupted Justice Fitzgerald.
 T did suggest" replied MT. Jerome. that the commission examine the de- fendant with no one present, but the members of the commission and the official stenographer. But I fully un- derstood I was to be allowed to ex- anime the minutes. It was generally understood that evidence was to be taken at that session and that I was to have Knowledge of all that trans pired"
 Puts It Up To Court.
 MT, Hartridge. Thaw's counsel, said he did think if district attorney should have access to the commissions minutes at this stage of the trial.
 ''The defendant throws himself upon the mercy of the court" said the at- torney.
 Justice Fitzgerald said that in the present state of the case he did not deem it to be his duty to allow either side access to the minutes of the com mission in lunacy.
 T have right in this matter" fair ly shouted District Attorney Jerome. q had the right by the statutes to attend every session of the commission. am willing to waive the fact that was barred, If the defense will agree that I shall see the minutes.
 If your honor persists in overrul- ing my motion I will have to ask, with all respect to the court, that I be allowed reasonable time to consider the legal aspects of the case. to see If they are such as would justify me in applying to the appellate division of the supreme court for a writ of pro- hibition forbiddng the continuance of this trial until higher court has ruled in this natter
 Justice Fitzgerald stated that the commission had directed that its min utes be kept secret. and he felt he must comply with the request
 Then I must ask for a reasonable adjournment in order that l may pre- pare my application for relief to the appellate division. I will apply either for writ of prohibition or of man. damus or for what other relief I find necessary. I trust your honor under stands I do this with perfect respect to the court and that am always will ing to bow to its decisions, but I re- gard the precedents set by this pro- ceeding to such an important nature that it seems to me l must have a higher court pass on the matter"
 Mir. Jerome finally asked that he at least be allowed to have a copy of the remarks he made at the opening ses- sion of the commission suggesting the examination of the defendant by the commission in private. He said these remarks were most material to his fu- tura oourSa Of acti0n IJa ba