The Montgomery advertiser., 1907-03-27

A~N~~N~~e~ ------------------ of said Harry K Thaw and to report | to the court with all convenient speed the facts and their opinions as tc whether at the time of such examina- tion the said Harry K. Thaw was in such state of idiocy. imbecility, .lunacy or insanity so as to be incapable to the nature of the charges against him and of conducting his defense in a rational manner"
 Uttered One Word.
 Justice Fitxgerald's conference with the attorneys this afternoon lasted not more than twenty minutes. To the newspaper men waiting outside, Dis trict Attorney Jerome, as he emerged uttered the one word. Commission.
 Mir. Jerome was soon followed by Messrs Hartridge. O'ReiIly, Peabody. Delmas, Gleason and McPike, the six Thaw attorneys. One of the men fin this group was heard to remark as he left the chambers, Tt couldn't be worse. .''
 Later, however, the attorneys seemed to take brighter view of Justice Fitz- gerald's decision.
 Messrs. Hartridge and OReiily went with Mrs. Evelyn Thaw to the Tombs, and there, in the hospital ward, they AiSt tAtG PttCOttCts WdIu Hdu D66n placed at their disposal because Of the crowd in the usual consultation room. The brothers of the defendant did not go to the Fonnbs, but hurried town with the news of the commission to their mother and sisters, who were waiting In their apartments. Thaw had divined the result of the confer ence with Justice Fitzgerald and was not in the least surprised.
 Thaw Not Cast Down.
 Its all right. dearie." he said to his wife. T am not afraid of commits sion. I am a sane man now; just as sane as the judge himself. and I am sure that any right-minded commission will so declare me-"
 The attorneys quickly withdrew from the conference and Thaw and his wife sat for a long time together dis cussing what the commission probably would do. When Mir. Hartridge came out he declared,
 ''The fortitude of the boy (meaning Thaw) astonishes me sometimesk and 1t certainly did today" k
 Later in the afternoon Thaw sent out statement in which he said:
 Everything Is perfectly satisfactory to me. I am sure I will be able to sat- isfy the commission that I am sane at the present time. Anything Justice Fitzgerald does is all right. He has always acted in fair and impartial manner"
 The statute under which tho commits sion was appointed says:
 When the commissioners have con eluded their examination they must forthwith report the facts to the court with their opinion thereon. If the commission find the defendant insane, the trial or judgment must be sus- pended until he becomes sane and the court. if 1t deems his discharge danger ous to the public peace and safety. must order that he be in the meantime committed by the sheriff to a state lunatic asylum, and upon his becom- ing sane. he be re-delivered by the superintendent of the asylum to the sheriff.
 When received into an asylum he must be detained there until he be- comes sane. Then the superintendent must give written notice of the fact to a judge of the Supreme Court of the district in which the asylum is slt- Uated. The judge must require the sheriff without delay to bring the de- fendant from the asylum and place him in the proper custody until he be brought to trial, Judgment or execu- ton as the case may be. or be legally discharged
 While the law simply prescribes aay state asylum. 1t Is generally the GUS tom to send all prisoners charged with crime to the asylum at Mattewan for the criminal insane.
 The court directs what compensation shall be paid to the members of a lunacy commission.