The Montgomery advertiser., 1907-03-27
Fitzgerald Halts the
 Thaw Trial.
NQUIRNG INTO HIS SANITY
News Was Broken to Prisoner by
 His Wife.
Former Appellate Court Justice o. Brien, Hon. Peter oIney And Dr. Leopold Putsei Named to
 Conduct Inquiry.

New York. March 2e-Harry Kendall Thaw may never again face the jury empaneied more than nine weeks ago to try him on the charge of murder in the first degree.
 Justice Fitzgerald today unexpected- ly named commission in iunacy to inquire into the present state of mind of Stanford Whites slayer, The da- cision of the three disintereated men named to conduct the inquiry will guide the future action of the court as to ordering Thaw to an asylum for the insane or directing that the trial that has been interrupted shall pro- ceed.
 Justice Fitzgerald announced the ap- pointment of the commission privately | in his chambers. Evelyn Nesbitt Thaw was there with lawyers and 1t became her task to break the news to her hus- | band in the Tombs Fearful when eha | left the Judges rooms In the criminal l courts building. the young woman who has been such conspicious figure Tn | the trial from first to last, was sniiI- | ing and cheerful when Thaw was | brought from his cell to the hospital ward of the prison to meet her.
 Thaw received the courts decision | philosophically and said he had no l doubt the commission would decide him l a sane man.
 i The personnel of the commission ap- | pointed by Justice Fitzgerald lends q new 0lslinctlDn 10 tHAS anEauE uDtA1t3 | case. The men who will determine l Thaw's mental capacity are:
 Personnel of Commission. Morgan J. O'Brien, a former justice l of the appellate division of the su- preme court; Peter B. olney, former | district attorney of New York county | and a lawyer of high attainments: Leo- poid Putzel. practicing physician and l authority on mental disorders. Former Justice 0fBrien is one of the ! &rsse xsrfft nd Al 1 Hyde stock in the Equitable Life Ass I surance Society. When he was a cHu~ | didate for reelection in 1901, as dam~ I ocrat. Justice 0Erien was unoppos@ds President Roosevelt made trip from washington to Oyster Bay to cast hLa | ballot for him.
 Before being elected dtatrsck atfor~ ney of New York county In 1ss3s MF. mission appointed in 1887 to revise tho | Iaws of the state affecting public in~ terests in New York city.
 pr. Putzel the third member of the 1 commission, Is graduate of Belle vue Hospital Medical School. and has had a long experience In that institu- ton. He is qualified before tho sfed- ical Board as an examiner in 1unacys The Thaw jury was ordered on last Friday to report before Justice Fitz- gerald tomorrow morning at i0;8o o'clock. At that hour there will be brief court procedure. the Jury being excused indefinitely. Whether or not Thaw will be brought into court for this ceremony remains to be seen. Hta presence will not be necessary.
 No date has been fixed tonight foH the first meeting of the commission. There probably will be some definite announcement on this point tomorrowE for the law under which the connis~ sioners were appointed directs that they proceed with their inquiry forthx | f4 rest with the commission as to wheth- 1 CT or not its hearings shall be publics In the last case of this sort In thia jurisdiction--the inquiry into the ment- al condition of Josephina Terrano, who killed her aunt and unele-the com~ mission inquiry was conducted behind closed doors. The girl was declared sane and subsequently, acquitted by tha jury.
 Jerome wfII Attend.
 The Thaw iunacy commission wlIF be attended by District Attorney Ier- Il ome. The lawyers for the defendant will also be present and the commiB- sion may direct and compel the at~ tendance of any witnesses 1t may de~ sire It Is probable that Thaw wiil ba asked first of all to submit to a rigi6 physical examination. Having under gone several of these since his tncar- l ceration, he is somewhat nervous om this subject but 1t was said tonight by his counsel that he would do anything in hts power to aid the commission with its work and that he hoped fon an early opinion as to his sanity.
 Thaw's lawyers and the defendant himself were downcast when they were first made acquainted with Justice Fitzgerald's decision, but all were manifestly pleased when the latter ans nounced the personnel of the commis- sion.
 Mir. Delmas in particular declared that Justice Fitzgerald could hardly have selected a more generally satis- factory commission--one whose de- ciston would command more confidence and respect District Attorney Jerome seemed pleased with the result of tho dramatic appeal he made last week ta the conscience of the court. asking an interruption of the trial on the ground that the defendant was in such mens- al state that he could not intelligenttly confer win and advise his counsel gnd did not understand the nature of the proceedings against him.
 Justice Fitzgerald summoned all the lawyers for the defendant and District Attorney Jerome before him in hia chambers this afternoon Josiah and Edward Thaw, brothers of the defend- ant. and Evelyn Nesbit Thaw, his wife were telephoned to by the attorneys and quickly appeared at the court house.
 In announcing his decision to ap- point a commission, Justice Fitzgerald read written memorandum which ha had prepared for the minutes of the court He based his decision on the conflict of ahldavits as presented by the opposing sides, saying they were too diametrically at odds to permit of decision other than in favor of am impartial inquiry. After citing tha suggestions made in court by District Attorney Jerome and the various afi- davits presented on both sides. Justice Fitzgerald's memorandum reads:
 T do, therefore. in pursuance of tho statute in such cases made ana pro- vided. hereby appoint the Hon. Morgan J. O'Brien, the Hon. Peter Olney and [ Leopold Puzel. M. D., three disinter- ested persons a commission forthwith l fn exaualne Into the mental eonHfffo,.