Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1907-03-28

Satisfactory 10 nun.
New York, March 27.-Harry K.
Thaw may never again face the jury
which was empaneiled more than nine
weeks ago to try him on the charge
of murder in the first degree. Justice
Fitzgerald yesterday unexpectedly or
dered a commission in lunacy to in
quire into the present state Of mind
of Whites slayer The decision OF
three disinterested men named TO
conduct the inquiry will guide the fu-
ture action Of the court as to order
ing Thaw to an asylum for the insane
or directing the interrupted trial for
his life to proceed.
Justice Fitzgerald announced the
appointment Of the commission pri-
Vately, in his chambers. Evelyn Mes
bit Thaw was there with the lawyers
and it became her task to break the
news to her husband in the TOmbs.
fearful when she left the judges
rooms in the criminal court building,
she was smiling and cheerful when
Thaw was brought from his cell to
meet her. Thaw received the courts
decision philosophically and said he
had no doubt the commission would
declare him a sane man today.
Personnel of Commission.
The personnel of the commission
named by Justice Fitzgerald lends
new distinction to this already no
table case. The men who will deter
mine Thaw's mental capacity are:
Morgan J. O'Brien, former justice
of the appellate division Of the SUI
preme court.
Peter b. Olney, former district at
torney Of New York county and a
lawyer of high legal attainments.
DR.. Lenoard Putzel a pracHcing
physician and an authority on mental
disorders.
Mr.. O'Brien is one of the trustees,
with Grover Cleveland Of the Hyde
stock in the Equitable Life Assurance
society When he was candidate for
reelection to the bench in 1901 as a
democrat O'Brien was unOppOsed.
President Roosevelt made trip from
Washington to Oyster Bay to cast his
ballot for him.
Before being elected district attOr-
ney of New York county in 1888, Oh
ney had been a member with William
c. Whitney Of a commission appointed
in 1879 to revise the laws of the
state affecting the public interests in
New York city.
DR.. Putzel is a graduate of Bellevue
hospital medical school and has had
long experience in that institution.
He is qualified before the state med
ical board as an examiner in lunacy.
Jury Will Be Excused.
When the Thaw jury reports before
Fitzgerald today it will be excused
indefinitely. No date had been fixed
for the first meeting of the commits
sion. There probably will be some
definite announcement on this point
today
The Thaw lunacy commission will
be attended by District Attorney Je-
rome, and the lawyers for the defend
ant, and the commission may direct
and compel the attendance OF any wit
nesses it may desire. 1t is probable
that Thaw will be asked first of all
to submit to a rigid physical eXamina-
ton.
Thaw's lawyers and the defendant
himself were downcast when they
We're first made acquainted with JUS
tice Fitzgeralds decision, but al
were manifestly pleased when later
the announcement as to the person
mel of the commission was made
Delmas in particular declared that
Justice Fitzgerald could hardly have
selected a more generally satisfactory
cCmmissiOn-One whose decision
would command more confidence and
respect
All Present at Announcement.
Justice Fitzgerald summoned Je-
rome and all the lawyers for the de-
PENDANT before him in chambers yes
terday afternoon. Josiah and Edward
Thaw, brothers of the defendant and
his wife were called in. In annOunC-
ing his decision Justice Fitzgerald
read a written memorandum which he
had prepared from the minutes of the
court He based his decision on the
conflict of affidavits as presented by
the opposing sides, saying they were
too Numerically at odds to permit OF
a decision other than in favor of an
impartial inquiry. Justice Fitzgerald's
conference with the attorneys lasted
less than 90 minutes. To the news.
papermen waiting outside Jerome as
he emerged uttered the one word:
Commission"
Jerome was soon followed by
Thaw's attorneys One Of the latter
was heard to remark as he lett the
chambers:
1t could not be worse"
Later. however, the attorneys
seemed to take a brighter view of the
decision. Mr.. Hartridge said:
Now that the decision has been
rendered, it is hard to see how Jus
tice Fitzgerald could have done other
wise Of course there was a confiict