The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-04-04
ANOTHER CLIMAX
IN CASE OF THAW
Today the Lunacy Commission
viii Report on His Present
Mental State.
PRISONER IS CONFIDENT
BELIEVES TRYING ORDEAL is
ABOUT OVER.

New York, April s.-Tomorrow
brings another critical stage in the
case Of Harry K. Thaw, when the slay-
er Of Stanford White either viii be Of
ficially proclaimed insane and ordered
to a state asylum or his trial will be
resumed before Judge Fitzgerald upon
the finding of the lunacy commission
that the defendant is at this time ca
pable Of rightly understanding his own
position, of approaching the nature of
the charges against him and of ration
ally advising with his counsel. The
commission completed its work tonight
and will be ready to report tc Justice
Fitzgerald tomorrow morning.
Private Examination.
Thaw underwent a private mental
and physical examination for more
than two hours this afternoon In this
last crucial test he was entirely alone
before the commission. even the dis
trict attorney and the members of his
own counsel being barred. When the
three members of the commission
David Mcclure. Peter B. Olney and DR..
Leopold Putzel-had completed their
final examination they shook hands
with Thaw in a most cordial manner
He went back to his cell in the Tombs
with a light heart and declared later
TO his counsel that he felt the commits
sion would surely declare him sane to-
morrow. The attorneys shared their
clients optimistic view of the situation.
District Attorney Jerome would not
commit himself in any way ThaW's
counsel declared they We're ready to
proceed with the case tomorrow, and
believed that Mr. Delmas might begin
his summing up address before noon
In that event, they said, Mr.. Jerome
would address the jury on Friday, and
a verdict might be expected before the
weeks end.
Report Will Not Be Made Public.
There is little or no likelihood thl5
the report of the commission which has
inquired into Thaws present mental
state ever viii be made public. If the
decision favOrs Thaw, Justice FitzGer-
aid will merely order the trial to pro-
coed without any reference whatsoever
to the interruption which began two
weeks ago. Should the decision be
against Thaw, Justice Fitzgerald would
have to quote but briefly from the for
NAL finding of the commission in his
order committing the young man to an
asylum.
If committed, Thaw would have to
remain in the asylum until declared
sane by the superintendent Of the in
stitution. Then he would be brought
back here and tried again.
Last Of the AIienists.
The last public session of the COM
mission was held this morning to hear
the testimony of two more aliepists-
DR.. Allen Rose Diefendorf of Middle
town, Conn, for the prosecution, and
DR.. Charles G. Wagner of Binghamton,
n. Y, for the defense. DR.. Diefendorf
gave a purely academic decision based !
upon assumed facts and writings from
the defendant, and declared Thaw was
DR.. Wagner said he had |
talked with the prisoner almost daily
for nearly two months. and had been |
unable to find anything upon which TO /
predicate an opinion of mental I'M
at this time He was not /
willing to go on record, however, as |
specifically declaring Thaw to be N /
every sense a sane man. He said he |
had not sufficient facts before him, or /
sufficient time in which to reach Sd
positive a conclusion,
DR.. Wagner repeated many of his |
more recent conversations with Thaw. |
and gave the defendants idea of his |
present predicament. Thaw declared |
that he realized his position today was |
He thought, however, his at
torneys had made such good progress !
during the trial that he was in a much 4
better position than when It was be- /
gun. He said he had no delusion now /
that his act was an act of Providence.
Stood All the Tests.
When the commission began its pri-
vate examination of the defendant the
members questioned him particularly
about his delusion and others of which |
It has been testified he was suffering at
the time he shot and killed Stanford /
White. DR.. PutZel, of the commission,
conducted the brief PHYSICAL examina-
ton TO which Thaw was subjected He /
was given all the standard tests of tine /
the pupils of the eyes, the
ROmberg test for evidences of locomo-
tor ataXia, etc. Thaw is said to have
undergone all the tests in a thoroughly
manner. The alienists tes-
flying for the defense. and who con-
Quoted a more searching physical test
than that undertaken by the commits