The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-04-04
THAW NOT INSANE.
Continued from Page one.)


| full not to discuss the case with any on
: and don't let any one talk to you witt
reference to what is taking place.
The court criar thereupon ordered
! recess until p m, and the court room
was cleared.
Among the many rumors as to the de-
cision of the commission was one to tbs
effect that a majority and minority re-
port had already been filed with Justice
F1tzgerald-the majority, Messrs. Nc
Clure and Olney declaring Thaw sane
and the minority report. made by DR..
Putzel, declaring him insane. 1t was
said Justice Fitzgerald had ordered the
adjournment until p. m for the pur-
pose of consulting authorities as to
which report, if either, he should accept
under the circumstances.
Following the adjournment of court,
Justice Fitzgerald again went into con-
ference with three lunacy commission
ers. In less than Is minutes time DIR.
PutZel left the chambers alone. He
walked out of the criminal courts build
ing briskly and with an air of finality.
His action in Withdrawing from the con-
ference gave rise to the report that he
had submitted minority report and
was unwilling to change his views in
any way. DR.. PutZel declined to dis
cuss the matter in any way. 1t was said
that his report declared that while
Thaw was apparently able to consult
with his counsel in a fairly rational
manner, this did not indicate that he
was mentally sound in every other way.
The majority report, 1T is said, declares
that Thaw is sane.
1t was said in the district attorneys
office today that Justice Fitzgerald has
the right to accept either the majority
or minority report as his conscience die
tates. There is precedent, it was
added. for the acceptance of a minority
report from the commission in lunacy.
Messrs. O1ney and Mcclure of the
commission remained with Justice Fitz-
gerald for more than an hour and
then made their way from the Justices
chambers by the enclosed passage
the jury room. AS they left the
building they were discovered by the
men but declined to have
to say as to their verdict.
They bade Justice Fitzgerald good
Bile, however, and it was understood
their connection with the case was
ended.
1t Brought Relief.
The end of the commissions work
brought much relief to Thaw, his wife
and family, his counsel and to District
Jerome. The last mentioned
has devoted his days and many of his
nights to the case for 10 weeks, and
he at last sees an end one way or the
other of his labors. When Thawss or
deal was over Daniel O'Reilly, one of
MS counsel joked him about it, and
he prisoner was so elated over what
ne believed had been a successful test
IF his mentality that he replied that
lie was ready to undergo another like
l.
The commissions chairman, Mr.. |
Mcclure, did not reach the court |
house until 1925. 1t was said the |
commission had continued in session |
Until after o'clock this morning.
All the members of the Thaw fam |
ly were early in the court room. The |
party included Mrs. William Thaw, |
Mrs. Evelyn Nesbit Thaw, the Coun-
ess of Yarmouth, Mrs. Carnegie and |
Edward and Josiah Thaw.
When Harry Thaw was told in the |
Combs this morning that it was re-
ported he had broken down for two |
II three minutes before the commits
ion yesterday afternoon when he was
Questioned on the subject of his de-
uSions, he exclaimed:
''NOnsen Se-rOt."