The Washington herald., 1907-04-05
DECLARE THAW SANE
Lunacy Commissioners File
Unanimous Report.
JEROME TO FIGHT DECISION
District Attorney to Argue Against
Adoption of Verdict by Court.
Continuation of Trial Adjourned
Until Next MOnday-FitxgerRId
Fails 10 Agree with Prosecutor.

New York, Ap-il 4-Harry X. Thaw is
mentally competent to nationally advise
his counsel as to the conduct of his trial
for the murder of Stanford White IS the
unanimous opinion of the commission ap-
pointed to inquire into that subject; put
District Attorney Jerome viii make
fight against the confirmation of the COM
missions report by Justice Fitzgerald
Tht three commissioners agree that Thaw
is not in a state of lunacy, imbecility or
idioey so as not to understand the nature
OF the proceedings against him. 1t was eX-
pected that that would be their decision.
but Mr.. Jerome is not satisfied. lie in
tends to argue against the adoption Of the
report by the court, an- he sees his way
clear will appeal to the appellate division
for an order to compel Justice Fitzgerald
to give him the minutes of the proceed
ings that took place in the secret exam
nation OF Thaw by the commission
In the meantime, the continuation OF
Thaw's trial is adjourned until Monday.
at least II Mr.. Jerome cannot get the
minutes Of The secret proceedings Of the
commission-fOr Justice Fitzgerald re-
fused to let him have them to-day, and
he will not give them up unless ordered
to do so By a higher cOurt-Mr. Jerome
viii argue TO Justice Fitzgerald that he
should not affirm the commissions report.
OF course. Justice Fitzgerald will refuse
to DO this. and the trial probably viii be
resumed on Monday.
May Delay Trial indefinitely.
But should Mr.. Jerome get stay or an
alternate writ of prohibition against the
trial proceeding until the question OF
whether Mr.. jerome is entitled to the
minutes is reviewed, then there is no
telling how long the trial will be delayed.
When Mr. Jerome left the district attor-
ney's office tonight he had not made up
his mind as 10 what course he would take
He said
Il do not care TO discuss the case. be-
cause, in my opinion. 1t would be un-
seemly to do so. ! cannot tell until 1 have
examined the authorities and the facts
whether I ought TO take any further ac-
ton or not in the way Of an application
10 the appellate division. When I have
gone over the facts in m possession and
examined the law on the subject should
I be Of the opinion that the learned pre-
siding justice has committed legal error
/ viii seek 10 review his adjudication If
the authorities permit.
Should /. on the other hand. reach
the conclusion that ne has not committed
error, ] will, of course, take no further
action. The decision Of the court is most
important, not alone in its bearing on
the Thaw case, but especially IS forming
"a precedent Tor the conduct OF such in
quiries, and while I greatly deplore the
delay it Is Of the highest public interest
that the procedure in cases OF this kind
should be clearly settled.
Wants commissioners Minutes.
Before he made this statement Mr.
Jerome had stated TO Justice Fitzgerald
in court that he intended 10 appeal to
the Appellate division. He commended that
he was entitled TO the minutes OF the
secret proceeding before the commission,
and without them he could not make an
intelligent argument against the adop-
ton Of the commissions report.
He never knew a case before where the
district attorney. representing the people
was denied a copy Of the commissions
minutes. II was a grave departure ard
would establish d precedent Of the utmost
Importance. He pointed out that at one
period of the commissions secret session
one of Thaws counsel was present, while
he was excluded. The statute said that
the district attorney must be present at
the sessions Of the commission. and while
he consented to the examination of Thaw
in private. there was no understanding
that he was not to get a copy of the
record Of his examination.
If that proceeding held good. any three
men appointed by court could hold meet
ings. report to the court, and the public
would know nothing OF what went on.
It was a very dangerous precedent, Mr..
Jerome declared.
Justice Fitzgerald Overruled Mr.. Je-
rome. It was his duty, he said, 10 pro-
tect the constitutional rights of the de
fendaut He would not even consent TO
Mr.. Jerome having the minutes or pro-
ceedings that were held in public He
wanted to keep the record regular He
did not exactly agree with MIR. Jerome s
judicial body. but intimated that it was
appointed to assist the conscience Of the
court.
ThaW's Lawyers Nervous.
Rumors that the commissions majority
report would say that Thaw is now insane
reached the Thaw lawyers and made
them and the woman members Of the
Thaw family nervous. DR.. Putzel came
out of the room where the commissioners
were and strobe up and down the cor
ricor. looking agitated. Then he went
back. and suddenly left for good About
an hour later Messrs. Olney and Mcclure
went away
1t was then near the hour Of the court
to reconvene. Mrs. William Thaw sat in
the court alone. Soon young Mrs Thaw
came in. All the Thaw folks looked wor-
ried. Thaw's wife was very pale and ner-
vous- The usual proceedings were inter
rupted by a special grand jury filing in
and handing up a batch of fifty indict-
ments Justice Blanchard received the in
dictments and had a talk with the fore
man Of the grand jury Then the Jurors
marched out very solemnly and Justice
Fitzgerald went on the bench Justice
Blanchard sat next to him. In a very
weak voice Justice Fitzgerald said he had
the report of the commission. He would
not file it at once, but he thought it only
proper to speak 20 counsel about it.
THE commission gives d unanimous re-
port. Justice fitzgerald said. "and have
here two copies Of the report, one for the
district attorney and one for the counsel
for the defense"
Thaw Party Brightens Up.
Mr.. Jerome did not look at his report.
but was on his feet to say something.
The Thaw lawyers grabbed their copy and