The Globe-republican., 1907-04-11
SAY THAW IS Sane
Lunacy Commission Decides BE Is
Able to Understand Proceed
ings Against Him.
JEROME WILL TAKE APPEAL
The Trial viii Not Be Resumed un.
til Monday to Give District Attor-
Ney Time to Decide His
Line o. Action.

Line o. Action.
New York, April 5.-Harry K. Thaw
Thursday was declared sane by the
unanimous report of the commission
in lunacy appointed to inquire into his
mental condition. The moment the
decision was handed down from JUS
tice Fitzgeraldls desk, District Attor-
ney Jerome was on his feet vigorous
ly protesting against its confirmation
by the court. He declared he had been
excluded from the last session of the
commission and demanded to be al
lowed to have access to the minutes
and stenographic notes of what trans
pired at the final mental and physi-
cal examination of the defendant.
When Justice Fitzgerald declined. to
turn the minutes over to the district
attorney Mr.. Jerome declared he would
carry the case to the appellate divis-
ion of the supreme court, asking that
writ of prohibition or mandamus be
granted to prevent continuance Of
the Thaw trial until the higher court
had ruled upon the legality of the
commissions course.
Justice Fitzgerald reminded Mr..
Jerome that he had waived the statu.
tory right of attending the last ses-
sion of the commission by suggesting
himself that all the attorneys be ex-
cluded from the sitting in question.
He had granted the district attorney
an adjournment until Monday morn
ing in order that he might have time
to prepare his application to the ap-
pellate division. Mr.. Jerome protest
ed that the time was not sufficient,
but Justice Fitzgerald cut him short
with the announcement that the trial
must be concluded forwith.
Thaw was not In the court to hear
the decision. The jury was also ex-
cluded, and both prisoner and jurors
were out of range of the district at
torney's heated discussion with JUS
tice Fitzgerald. All the members OF
the Thaw family, including the mother
and wife of the defendant, were pres
ent, however, and their keen delight
over the announcement Of the favor.
able report was turned into alarm at
the unexpected attitude Of the district
attorney, whose threat to take the
matter before the appellate division of
the court seemed to involve another
serious delay in the long drawn out
trial.
New York, April 6.-The trial OF
Harry X. Thaw viii proceed on Mon
day morning when Dolphin M. Del.
mas, leading counsel for the defense
will begin his summing up address to
the jury. District Attorney Jerome
decided late Friday not to apply to
the uellate division OF the supreme
court !. writ OF prohibition or man
damus to halt the trial. He reached
this decision, It was said, after con.
sultatlon with eminent counsel. Mr..
Jerome may argue briefly on Monday
morning against the confirmation OF
the report OF the lunacy commission
which declared Thaw to be sane. but
he Is aware that Justice Fitzgerald's
disposition Is to confirm the report,
which was unanimous The district
attorney has many witnesses still to
subpoena, but It Is said he has decided
not to call them and viii press the
trial forward to an early verdict, OF
what Is regarded more likely, a dis.
agreement Of the Jury.