Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1907-03-28
Judge Fitzgerald Appoints Lunacy
Commission to Decide Mental
Condition Of Harry Thaw.
NAY NOT AGAIN FACE JURY


Ompanelled more than nine weeks age
to try him on the charge of murder
In the first degree. Justice Fttzger'
ed Tuesday Unexpectedly ordered q
commission In lunacy to inquire into
the present state Of mind Of Stanford
Whites slayer. The decision of the
three disinterested men named to con
duct the inquiry will guide the future
action of the court as to ordering
Thaw to an asylum or directing that
the trial shall proceed.
Justice Fitzgerald announced the
appointment Of the comm ':sion Dri-
vately, in his chambers.
Morgan J. O'Brien, former justice
Of the appellate division Of the SUI
preme court; Peter B. Olney, former
district attorney of New York county
and a lawyer Of high legal attain
ments; DR.. Leopold Putzel, practic-
ing physician and authority on mental
disorders were named as members OF
the commission.
The Thaw jury was ordered on last
Friday to report before Justice Fftz-
gerald Wednesday morning at 1890
o'clock. At that hour there will be
brief court procedure, the jury being
excused Indefinitely. Whether or not
Thaw will be brought into court for
this ceremony remains to be seen.
His presence will not be necessary.
No date had been fixed for the first
meeting of the commission. There
will probably be some definite an
nouncement on this point Wednesday,
however, for the laws under which the
commissioners were appointed directs
that they proceed with their inquiry
forthwith. Justice Fitzgerald said 1t
would rest with the comm ssion as to
whether or not Its hearings shall be
public. In the la st case Of this sort
in this Jurisdiction, the inquiry INTO
the mental condition o. JosefinT Ter
ranova, who killed her aunt and
uncle, the commission Inquiry vas
secret. The girl was deTll:ed sane
and subsequently was acquitted ly
the jury.
The Thaw lunacy commission VIII
be attended by District Attorney Jer-
ONE. The lawyers for the defendant
will also be present and the commiS
sion may direct and compel the atten-
dance Of any witness 1t may desire. 1t
Is probable that Thaw will DO asked
first Of all to submit to a rigid phys
zeal examination. Having undergone
several Of these since his incarcera-
ton, he Is somewhat nervous on this
subject, but 1t was said by his coun-
sci that he would do anthlng in his
power to aid the commission with its
work and that he hopsi for an early
opinion as to his sanity.
Thaw's lawyers and the defendant
himself were downcast when they
were first made acqua' ntel with JUS
tice Fitzgerald's decision, but all were
pleased when the later sh-
as to the personnel OF
the committee on inquiry was made.
Mr.. Delmas in particular declared
that Justice Fitzgerald could hardly
have selected a more generally salts
factory commission-one whose decis- !
lon would command more confidence
md respect. District Attorney Jer.
,me seemed pleased at the result Ut
bis efforts.
In announcing his de ,lsion to ap
point commission, Justice Fltz- ).
gorald read a written memorandum.
He based his decision on the conflict
II affidavits as presented by the OPP
posing sides, saying they were too dia- !,
at odds to permit Of de-
,ision other than in favor Of an i'm. =
,artial inquiry.
As Messrs Hartridgs, o'RellIy, Pea
,ody. Delmas, Gleason and McPike,
he six Thaw attorneys, left the
udge's chambers, one Of them was i
Ieard to remark: d
1T could not be worss." v
Later, however, the attorneys seem :,
d to take brighter view. Mr.. Hart "
ide said: q
I'VE did not expect q decision OF 81
ny sort Tuesday, much less the one a
hat was rendered. We lad hoped the
rial might go on without further In 9
eruption. The commission win mean g g
considerable delay. Now that the de- Z.
islon has been rendered, however, II -
! hard to see how Justice Fitzgerold
ould have done otherwise OF course.
here was a conflict Of affidavits ADD = =
q can not understand how firmly n
'haw's counsel believe in his sacity." U
The law under which the commits.
lon was appointed Tuesday provides .
bat the commissioners must take m
aths as referees: they must be- ct.
,ndSd By the district attorney and .
,unsel for the defendant and may :,
,mpel the attendance Of witnesses. g
he statute provides that n the com. nc
Ilssion finds the defendant insane y y,
! shall be sent 10 an asylum until "
Ich time az be may become sane
hen he shall be returned to the Gus 3
az Of the sheriff to be tried for the :,
'lms with which be is charged -
Allowing eup fsr clsvS,snd F.,
Princston. n. J.. March 77.-The en- 20