Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-03-28


which has been trying Harry K Thaw
for more than two months past was
excused today until next Monday
morning. and the members of the lun-
acy commission named yesterday af-
ternoon by Justice Fitzgerald to in
quirc into Thaw's present state of
mind had been sworn in there came
the sudden announcement late in the
afternoon that Former Supreme Court
Justice Morga J. OBricn, chairman Of
the commission, had resigned. In
letter to Justice Fitzgerald. Judge
O'Brien stated that upon reflection he
was forced by the condition of his
health and professional engagements
previously entered into, to decline to
serve as a member of the commission.
As soon as this letter was received by
Justice Fitzgerald he made Il new or
der appointing David Mcclure, a we'll
known attorney Of tits city and a
member OF Former Police Commission
er McAdOO's advisory committee Of
citizens, to fill the vacancy. Mi. Nc
Clure met the other members of the
commission this afternoon and was
selected as chairman. He later an
nounced that the first session of the
commission will be held tomorrow af-
ternOOn at o'clock in the court room
where the trial has been in progress.
The commissions inquiry in general
will be an open one, although there
will be executive sessions from time
| to time.
| The announcement Of Judge OBrien
rcSigning came as Il complete surprise.
When the Thaw jury reported in court
| this morning at 10 O'Clock Justice FitZ-
| gerald was engaged in his chambers
| with the members Of the commission
whose appointment he announced yes
| terday. These were Former Justice
| O'Brien. Former District Attorney
| Peter Il. Olney and DR. Leopold Put
eel. the alienist
| Justice Fitzgerald administered the
| oath of office to the commissioners and
| talked with them concerning the case
| and their duties in connection with the
inquiry they We're about to undertake.
The interview lasted for more than an
hour and then Justice Fitzgerald con-
| vened court and the three commissions
ers filed in and took up their places
| near the clerks desk.
| Harry ThaW was brought into court
and found all the members of his
| family awaiting him. He looked ex-
| ceedingly well physically and smiled
| greeting to his mother, his wife and
| his sisters and brothers. He then turn
| ed to where the three commissioners
sat and gazed fiXedly at them for sew
cral minutes. Justice FITZGERALD. in
| discharging the jury until next Mon
| day, warned them to be careful not to
| discuss the case in any way or to read
| any newspaper accounts Of what was
! taking place.
1t was said that in directing the Jury
| to report next Monday, Justice Fftz-
| gerald did not wholly expect that the
! commission would be ready to render
an opinion by that time. If the COM
| missions inquiry is prolonged. the Jury
| will be called into court every few
days in order that it may be kept in
tact for a resumption of the trial.
| should Thaw be declared sane at the
| present time
Following the proceeding in court,
Justice Fitzgerald had another confer.
| ance with the three commissioners
| originally selected and when they left
| the criminal courts building at the
| luncheon hour, Mr.. Olney and DR.. PutSeI
| put in their appearance. Mr.. Mcclure
| arrived soon afterward and was usher
ed into Justice FitzSerald's chambers
| His presence was unexplained, how
| ever and for more than an hour the
| newspaper reporters We're kept wait
ing outside the chambers upon the as
sumption that the commission could not
begin its work until former Justice
OBrien arrived.
Then without any warning came the
announcement of the latters resigna-
ton and the appointment of Mr.. Nc
Clure as his successor. Messrs. Nc
Clure, Olney and Putzel conferred 70,
some time and finally announced that
their first formal session would be hello
tomorrow afternoon and would be oper
to the public The commission hopes t.
get under way without any delay what
socver, and will press the inquiry to the
speediest possible conclusion.
Along with other appointing Mr.. Nc
Clure as a member Of the lunacy com
missi, n, Justice Fitzgerald gave out the