Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-04-04

Prisoner in Court TO Hear the News
I Trial Will Now Proceed.
New York, April 4.-In anticipation
OF q verdict by the commission in
lunacy. which for more than q week
has been inquiring into the present
mental state Of Harry K. Thaw, large
crowd gathered at the criminal courts
building today. Immediately upon ar
rival Of the commission in the court
room, Justice Fitzgerald held long
conference with hem At 1850 the
jury was excused until 2 o'clock. All
the members OF the Thaw family were
early in the court room.
The delay Of the commission in sub
1nitting its conclusions gave color to
the earlier reports that there is SER
ious difference Of opinion in the board.
Il was said Mcclure and Olney were of
contrary opinion to that expressed
by DR.. Putzel Justice Fitzgerald. it
was reported. is extremely anxious to
have unanimous verdict from the
commission and argued with them
along that line.
DR.. Putzel later withdrew from the
conference with Fitzgerald and left the
court building. He refused to discuss
the matter in any way.
Two to One for Thaw.
8 "A rumor was in circulation to the ef-
tect that majority and minority re-
ports had been filed with Fitzgerald
the majority, Mcclure and Olney, de-
claring Thaw sane, and the minority
report. made by Putzel, declaring him
insane. 1t was said that Fitzgerald
had ordered adjournment for the pur-
pose of consulting authorities as to
which report, If either, he should &C
cept under the circumstances. There
is no way of verifying this rumor
When Fitzgerald came into court at
1880, the jury and defendant were
brought before him. Thaw seemed
nervous and excited, and these feelings
extended more or less to every person
in the crowded room. Members of the.
Thaw family group moved nervously
and seemed to apprehend that the
crisis of the trial was at hand. 1t was
quickly noticed, however, that the COM
mission did not make it's appearance,
and this gave rise to the suspicion that
the decision as to Thaw's mental con-
dition had not been reached. The sus-
pense was soon ended by Fitzgerald
turning to the jury and saying:
Gentlemen of the jury, am going to
discharge you until 2 p. m. Be care
full not to discuss the case with any
one, and don't let any talk to you with
The court was thereupon cleared.
Following adjournment of the court,
Fitzgerald again went into conference
reference to what is taking place"
with the three lunacy commissioners.
In less than fifteen minutes time Put
eel left the chambers alone. His ac-
ton in withdrawing from the confer
ence gave rise to the report that he
had submitted a minority report, and
was unwilling to change his views in
any way 1t is said that his report de-
clared that while Thaw was apparently
able to consult with his counsel in Il
fairly rational manner, this did not in
dicate that he was mentally souno III
eyery other way. The majority report,
it is said, declares that Thaw is sane.
IT was said in the district attorneys
office today that Fitzgerald mas
right to accept either the majority or
minority report, as his conscience dlc-
fates. There is precedent. 1T was
added. for the acceptance of the min
ority report from the commission In
lunacy. /,
Olnev and Mcclure remained with
fitzgerald for more than an hour ana
a half after Putzel withdrew. AS they
left the building they declined to have
anvthing to say as to the verdict. They
hade Fitzgerald goodbye, however, and
IT was understood that their connection
with the case was ended.
Thaw Declared Sane.
BEFORE court convened this after
noon it leaked out that the commls-
sior1 found Thaw sane.
The court room filled up quickly
for the afternoon session. the Thaw
family group being among the first to
enter. Justice Fitzgerald as soon as
no had taken the bench, said he had
succeeded in securing report from
the commission in lunacy. He had
had two copies made. and while he
would not make the report public. he
delivered copies to District Attorney
Jerome and counsel for defense.
Jerome arose to address the court
before reading the report. 1t was from
defendants counsel table that news
of the commissions findings emanat-
ed. Neither Thaw nor the jury was
in court when the report was handed
down. Jerome said if the report was
adverse to his contention, he desired
to be heard before it was confirmed.
News of the favorable decision. which
was declared TO be unanimous, was
quickly whispered to Mrs. Evelyn Nes-