Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-03-27
COULDN'T BE WORSE.

COULDN'T BE WORSE.
Attorneys Comment After Commission
Had Been Appointed.
NEW YORK, March 27.-"It couldn't be
worse said Lawyer Peabody of Thaw's
counsel, when he left Justice Fitzgerald's
chambers yesterday, after he had been no
titled of the appointment of the commits
sion. This statement by the lawyer who
has been closer to Thaw than any other of
his counsel, and whose task in the defense
has been to stick close to the prisoner in
court and chat with him, was taken by all
who heard it to mean that at least one of
Thaw's lawyers expects him to fail under
the examination and go to Matteawan.
Wife Weeps; Thaw Calm.
The effect of the news on Evelyn Nesbit
Thaw was very marked. She broke down
and wept bitterly. When she left the wit
ness room adjoining the chambers of JUS
tice Fitzgerald she was crying and her
face was wet with the tears that could be
plainly seen through the white veil she
Wore She hurried from the criminal court
building, with number of her husbands
lawyers, crossed Franklin street, and ran
up the front steps of the Tombs. She want
ed to be the first to tell her husband of the
appointment Of the commission. Edward
and Josiah Thaw, who had waited with her
for the news, hurried out of the building
when she did, but they did not go to the
Tombs.
AS bitterly disappointed as he must have
been in his heart, ThaW showed no feeling
when his wife and his lawyers greeted him
in the hospital ward of the prison. The
counsel room was in use, and this ward
had been assigned them for the meeting.
Thaw had already received word that a
commission had been appointed. The news
had trickled across the Bridge of Signs
into the prison and had finally reached the
ears of guard, who gave it to the pris-
oner.
When the prisoner appeared before the
little group in the hospital ward he said
that he had heard the news. His wife, still
greatly disturbed, was trying to smile. She
said something about being so sorry, and
her husband embraced her and said:
Never mind, dear that's all right I'm
not afraid of a commission. 1 am sane
man now, just as sane as the judge him
self, and l sure that any fair minded
commission will declare me sane
The lawyers left man and wife together
in the room. The two sat In chairs close
together and talked for several minutes.
Clifford W. Hartridge. counsel of record
for Thaw, said afterward that he was sur
prised at the fortitude of his client. He
added that he and his associates were sure
of Thaw being declared sane.
Dolphin M. Delmas left the group after
a conference and took Evelyn Nesbit Thaw
with him. There was a swarm of curious
people around the gateway of the prison to
watch their departure in a brougham.
Jerome Pleased at the Result.
Despite the assurances of Mr.. Hartridge
that he and his associates We're satisfied
that their client would be declared sane,
the defenses lawyers showed the greatest
degree of excitement and perturbation. On
the other hand, Mr.. Jerome showed his
pleasure at the result. He has never
ceased to believe that Thaw was insane
when he came to the bar for trial, and his
information was that he was suffering from
a form of insanity from which he could
not recover. AS long his counsel in
sisted on contending that he was sane
enough to advise with them he could have
gone ahead with the trial, and, perhaps,
have sent Thaw to the electric chair. He
has said to personal friends that while he
would have followed the letter of the law
by taking such a course he would not have
touched the humanity of the law.
The prosecution said yesterday that the
commission appointed by Justice Fitzgerald
was a strong and capable one. and one
from which Thaw and the prosecution
might expect absolutely fair dealing.
The Courts Decision.
Justice Fitzgerald took plenty Of time to
study the affidavits offered by Mr.. Jerome
and the defense, and to select the three
men who make up the commission. 1t
looked as If he would appoint the commits
sion Monday afternoon, and when he failed
to do so it was thought that he would let
the matter go until this morning, when the
jury is to report
Yesterday he came to the criminal court
building at noon and went to his cham bers
By o'clock 1t was reported in that mysteri-
Gus way fact and rumor are mingled in
large criminal cases that Justice Fitzgerald
had made up his mind and would announce
Il 80 %I,o
ment of commission. A little later the
counsel for the defense appeared and went
to the chambers of the justice. After a
short conference there Justice Fitzgerald
handed to Clerk Penny this order, to be
written into the record of the Thaw trial:
Upon suggestion upon the record made
by the district attorney orally, and by the
presentation of the affidavts of Irwin
March. 1907, and the affidavits of Austin
Flint, MD; William Mabon, MD; Carlos
F. Macdonald, MD; William B. Pritchard,
Md; Albert Warren Ferris, MD, and AL
len Ross Difendorf, MD, each verified on
the Dist day of March, 1907, and the exhib-
its thereto attached, in support Of such sug-
gestion that the defendant, Harry X. Thaw,
is now In such state of lunacy or insanity
as to be incapable of understanding the
proceedings against him, making his de-
Tense, and the affidavits of Dolphin NJ Del
mas, John B. Gleason. Henry Clay McPike,
Smith Ely Jelliffe, D.; Graeme NJ. Ham
verified on the 22d day of March, 1907; the
affidavits of Britton D. Evans. NJ. d.;
Charles G. Wagner MI D.; each verified the
2lst day of March. 1907 the affidavits of
Mary Copley Thaw. A. Russell Peabody
Clifford w. Hartridge Daniel OReilly, each
verified the 23d day of March, 1907, and the
exhibits attached thereto in opposition
thereto.
II do therefore, in pursuance of the stat
ute in such case made and provided, hereby
appoint the Hon. Morgan J. O'Brien the
Hon. Peter B. Olney, Leopold Putzel ND
three disinterested persons, a commission
forthwith to examine into the mental condi-
ton OF said Harry K. Thaw, and to report
to the court with all convenient speed the
facts and their opinions as to whether at
the time of such examination the said Harry
X. Thaw was in a state Of idiocy imbecil-
ity lunacy or insanity, so as to be incapable
Of rightly understanding his own condition
the nature of the charges against him, and
Of conducting his defense in a rational man.
ner.
The Commissioners.