The Birmingham age-herald., 1907-04-05

riage.
 Long Consultation. The decision came during the afternoon session of the court, and after reports based upon significant circumstantial eVl- dence had gained wide circulation that the commission had not reached an agree ment; that two commissioners pr. Me Clue and Peter B. Olney, were said to have submitted a report declraing Ihaw to be sane. whereas Dr. Leopold Putzel was asserted to have submitted minority 1 opinion to the effect that Thaw was not i wholly sane. despite the fact that he ap- parently had been able to advise lucidly ! with his counsel.
 Justice Fitzgerald had a long consulta- | tion with the three commissioners prior to convenng of the court session and an- nounced that there would be no decision 1 before ? o'clock. In the meanwhile Dr. l Putzel withdrew from the conference, and this gave color to the report that he was at odds with his fellow members.
 The unanimous report, therefore, came | as a complete surprise. In handing 1t down Justice Fitzgerald gave no inkling what | ever as to the finding and as the report was not read in court few of those in the crowded room knew what the verdict l had been. Alr. Jerome made his plea | without pausing. He evidently had di- 1 Vined it's contents however, although he carefully preflxed the phrase If the re- port should be unfavorable to my con- ! tenton' to all his remarks. | In anticipation of the verdict by the commission, a large crowd gathered at the criminal courts building today. The jury had been ordered to report before Justice Fitzgerald at 10:30 o'clock.
 The commission sat until late last night considering the evidence adduced before | 1t by District Attorney Jerome and conn- sel for Thaw. It was reported early today fhot hoH f.iGf Of ment in the commission. the two laymen, Messrs. David Mcclure and Peter Olney, l being of a contrary opinion to that eX- pressed by the medical member pr. Leo- i pod Putzel The report could not be yeri- l fed
 1 Dr. Putzel was the first notable figure connected with the trial to reach the court house today. He arrived at 9;45 and went direct to Justice Fitzgerald's chambers. He would not discuss the case 1 in any way.
 Commissioner Olney arrived a few min utes after Dr Putzel and Justice Fitz- 1 gerald reached his chambers at 10 a. m. | He began at once to consult with the two commissioners.
 1 The commission chairman. Mir. Mcclure, did not reach the court house until 1925 a. m It was said the commission had continued in session until after o'clock this morning.
 Thaw's Family In Court.
 All the members of the Thaw family were early in the court room. The party included Mrs. William Thaw, Mrs. Evelyn Nesbit Thaw, the Countess of Yarmouth and Mrs Carnegie.
 | When Harry Thaw was told In the Tombs this morning that it was reported he had broken down for two or three minutes before the commission yesterday afternoon when he was questioned on the subject of his delusions, he exclaimed: Nonsense, rot!'
 Justice Fitzgerald had a long confer 1 enee with the full commission after the arrival of Chairman Mcclure. The con- ference continued until long past the hour l set for the jury to report | At il AS o'clock the commission was still { in consultation with Justice Fitzgerald.
 C Thaw Nervous.
 Justice Fitzgerald came into court at l Il 30 a. m. The jury and the defendant were brought before him. Thaw seemed nervous and excited and these feelings | extended more or less to every person in the crowded room. The members of the | Thaw family group moved nervously and seemed to apprehend that the crisis or the l trial was at hand.
 1 It was quickly noticed, however, that | the commission did not make It's apepar- | ance, and this gave rise to the suspicion that a decision as to Thaw's present men | tai condition had not been reached. | The suspense was soon ended by Justice l Fitzgerald turning to the jury and saying:
 "Gentlemen of the Jury: I am going to discharge you until ? D. m. Be careful not to discuss the case with anyone and | don't let anyone talk to you with ref erence to what is taking place" The court crier thereupon ordered a recess until o'clock and the court room l was cleared.
 Many Rumors. | Among the many rumors as to the decision of the commission was one to | the effect that majority and minority report had already been filed with Justice Fitzgerald-the majority Messrss Mcclure and Olney, declaring Thaw sane, and the 1 minority report made by Dr. PutZel, de- | claring him insane. It was said Justice Fitzgerald had ordered the adjournment until ? D. m, for the purpose of con sultng authorities as to which report, if either he should accept under the circumstances. There was no way of verifying this rumor.
 The court room filled up quickly for the afternoon session when the doors were opened at 1 80 o'clock. The Thaw family group were among the first to ! enter.
 The proceedings were delayed a few minutes by the report of the April grand jury Justice Blanchard of the supreme court took the bench to hear the grand jurors, who handed in several indict- ments He then made way for Jus tice Fitzgerald.
 Bring In Report.
 Justice Fitzgerald, as soon as he had 1 taken the bench, said he had succeeded | in securing a report from the commits sion in lunacy He had had two copies made and while he would make the re- port public, he delivered the copies to District Attorney Jerome and counsel for the defense.
 Mir. Jerome arose to address the court before reading the report.
 4,either Thaw nor the jury was in court when the report was handed down. 1 District Attorney Jerome said If the report was adverse to his contention, i he desired to be heard before 1t was confirmed.
 The news of a favorable decision which was declared to be unanimous was quick ly whispered from the defendants coun- sel table to Mrs. Evelyn Nesbit Thaw and Mrs William Thaw, and other mem- bers of the family A messenger was also dispatched to the prisoners pen to take the glad tidings to Thaw.
 The prisoners family and the members of his counsel were delighted with the news of the commissions findings. and de- elared they did not think Mir. Jerome could bring sufficient argument to bear to prevent it's confirmation by Justice l Fitzgerald.
 Jerome Speaks.