The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-04-05
THAW'S SANITY
BEYOND DOUBT
Unanimous Opinion Of the
Commission Appointed to
Make the Investigation.
JOY IN DEFENDANTS CAMP
ARGUMENTS WILL BE HEARD
MONDAY.

/ ++++<++@+**<+%+++++*%<%<%+
/ = New York April at was author
/ y itatively stated tonight that Dis =
I y triCt Attorney Jerome will appeal y
/ = from the decision OF Justice FitzgeT-
| = aid in refusing to allow him to in
y speCt the minutes of the ThaW COM g
| y mission in iunacy. which reported =
! = today. The appeal will be in the ma y
/ y tuTe Of an action TO obtain a review =
/ y of the Justices decision and will be =
/ ' taken in the appellate division Of the =
| y supreme court.
| ++*<<<++<<<<<++++++<<%<%+*
| New York. April 4.-Harry X. Thaw to-
! day was declared sane by the unanimous
report Of the commission in lunacy APP
| pointed to inquire into his present mental
condition The moment the decision was
/ handed down from Justice Fitzgerald's
desk, District Attorney Jerome was on
his feet vigorously protesting against its
confirmation by the court. He declared
he had been excluded from the last ses-
sion of the commission and demanded to
/ be allowed to have access to the minutes
and stenosraphic notes of what trans
pired at the final mental and physical
examination OF the defendant
When Justice Fitzgerald declined to
turn the minutes over to the district at
/ torney. Mr.. jerome declared he would
I tGTfN Ine case 10 the appellate ulklSttiA
OF the supreme court asking that a writ
| of prohibition or mandamus be granted
I to prevent a continuance Of the Thaw
! trial until the higher court had ruled up
on the Legality of the commissions
/ course.
jerome Cut Short.
{ Justice Fitzgerald reminded Mr. Jerome
that he had waived the statutory right of
attending the last session of the commits
sion BY suggesting himself that All the
attorneys be excluded from the sitting
. in question He then granted the district
I attorney an adjournment until Monday
morning in order that he might have time
/ TO prepare his application to the appel
/ late division. Mr. Jerome protested that
the time was not sufficient. but justice
/ Fitzgerald cut him short with the an
nOuncement that the trial must be con-
Guided forthwith.
! Unless Mr. Jerome should secure a writ
of prohibition in the meantime Justice
/ Fitzgerald is expected to announce on
Monday morning that he has confirmed
the report Of the commission and order
that the trial proceed without further
delay. The district attorney ana the
counsel for the defense will be heard in
argument as 10 Tbs confirmation Of the
report at Mondays session II they so de-
sire.
Will Look Up the Law.
After adjournment Mr. Jerome issued
a statement saying he could not tell I'M
til after a thorough examination Of au-
thOrites whether or not ne ought to take
further action in the way OF an appIca-
ton to the appellate division. Should he
reach the conclusion, after examining the
law, that Justice Fitzgerald had not COM
mitted legal error in refusing him access
to the commissions minutes. he would.
OF course, take no further action Mr..
Jerome declared that il he made appIi-
cation to the higher court it would be
because Of the precedent set by Justice
Fitzgerald and not particularly because
r. no EFT n Is
Thaw's Family Delighted.
Thaw was not in court to hear the de-
cision. The jury was also excluded and
both prisoner and jurors were out of
range of the district attorneys discus
sion. All the members of the ThaW fam
lily, including the mother and wife of the
defendant, Were present however and
their keen delight over the announcement
of the favorable report was turned into
alarm at the unexpected attitude of the
district attorney. whose threat 10 take
the matter before the appellate division
of the court seemed to involve another
serious delay in the long drawn out trial
I The news Of the commissions verdict
was carried to Thaw. He expressed sat
isfaction, but not surprise. There has
never been at any time since the com
mission was appointed that the defendant
was not expectant of a favorable de-
cision. He stated today he felt especially
lucky because it was the second ami
versary of his marriage.
Many Rumors AHoat.
The decision came during the after
/ noon session. and after reports based
upon significant ciTcumstantiai evidence
had gained wide circulation that the com.
mission was split and could not reach
| an agreement The two law commission
ers. David Mcclure and Peter B. OInev
were said to have submitted report de-
claring Thaw sane, whereas DR. Leopold
| Putzell was asserted to have submitted
! a minority opinion that Thaw was moi
wholly sane despite the fact that he an
parently had been able to advise lucidly
with his counsel.
Justice Fitzgerald had a long consul
tation with the three commissioners prior
! to the morning session and then an
| nounced that there would be no decision
| before o'clock. Meanwhile. DIR. Putzel
withdrew from the conference and gave
color 10 the report that he was at odds
| with his fellow members. The unanimous
! report, therefore, came as n complete sur
prise In handing it down Justice Fitz-
gerald gave no inkling whatever as tc
! the findings, and as the report was not
read in court few of those in the crowded
room knew what the verdict had been.
jerome Not Surprised.
Mr.. Jerome made his plea without
perusing the report He evidently had
OWNED the contents, however. although
Continued on Page 2.