Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-04-04
THEIR REPORT UNANIMOUS.
Defendant Mot in Court When ii
Was Handed Down and 1t Was
Not Made Public.
Jerolne said IL IT. Was Adverse 10 His
Contention, Desired 10 be Hcartt
Before II Was Confirmed.

been declared sale by the lunacy copte
rpissiom and while the report haas not
been made public, 1t Is aaid 10 be unan-
imoUs,
The fludIng az the Thaw lunacy com,
mission was couched In the language OF
the order By Justice Fitzgerald ordering
the Inquiry The commissioners declared
IL to be their unanimous belief that the
defendant Harry *. Thaw, Ia capable
o. rightly understanding his own posi-
tion, at nppreciating the nature Of The
en- argos against him aud or nationally
comforting with biz counsel mt the ttIne
of ef Ehis examination.
The entire report Of the commission
covers three typewriter pages and VIII
not be made public,
NIX, jerome said Ii the court ruled
against his application for access to the
minutes ct the 1'hAw commission Ia
lnnaey no would ask time to decide
whether ne woula apply W the appelv
late division for writ az prohibition 70
prevent the triat proceeding.
Ipstlce Eltzgerald denied Jerome ap-
cess 70 the minutes and adjourned until
Monday, declining 70 grant more time
ipr Jerome to apply to the appellate d.
vision TOR wr1t o1 prohibition.
MsSsrH. Ulney and Mcclure remained
with Justice Fitzgerald tor more thaa
an hour and hnlf after DIR, Putzhll
NiAlANtfN as NllNG lEll NnE
they were discovered by the newspaper
men but declined To have anything 10
say AS tO their verlICG.
They babe Justice Fitzgerald good
bye however, and II WAS understood
their connection with the case Was end
ed
The proceedings were delayed few
minutes by the report Of the April
grand JWry. Justice blanchard Of the
supreme court took the beach TO hear
the grand jurors who handed I'm several
indictments, He Shen made way tor
Justice Fitzgerald.
| JustSce Fitzgerald as soon as he had
taken the bench said he had succeeded
| In SECURING a repurt from ItN COMMAS.
sion In lunacy. Ha had had two copies
made and while he would not make the
report public, he delivered the copies to
Dist. Atty. Jerome and counsel for the
4 defense.
| MI. Jerome arose to address the court
| before reading the report
| 1t was from the defendants counsel
table that the news of the commissions
| findings ernauated.
| Neither Thaw nor the jury was in
court when the report was handed
| down.
Dist. Atty. Jerome said Il the report
WIS adverse TO his contention, he de-
sired 10 be heard before 1t was con-
| firmed.
The news of a favorable decision
which was declared 10 be unanimous,
was quickly spread and Mrs Evelyn
Thaw was among the first to be In
formed
The prisoners family and the conn.
sci Were delighted with the news OF the
commissions finding and declared they
did not think Mr.. Jerome could bring
sufficient argument to bear to prevent
Its con ftrnation by Justice Fitzgerald.
When Justice Fitzgerald called
the Thaw jury, into court at
| ll:30 O'Clock today. the commits
sion In lunacy appointed 10 inquire
into the present condition OF the de-
PENDANT had not been able to agree OIL
q verdict The jury was excused un-
Ill p M, by which thine Justice Fits-
gerald said he hoped he would have
something definite before him.
The commission SAT until after
O'Clock this morning trying to agree
upon report but failed. 1t went In
to session again In Justice Fitzgeralds
chambers at 1880 a. m. today.
In anticipation of n verdict By the
commission. a large crowd gathered at
the criminal courts building today. DIR.
Leopold Putzell was the first member
of the commission To reach the court
house. He would not discuss the case
in any way.
Commissioner Peter r. oIney arrived
u IeW minutes HlleT Df. fukztlls ana
justice Fitzgerald reached his cham
hers at 10 a. M He began al once -
consult with the two commissioners.
The commissions chairman, David
Mcclure, did not reach the courthouse
until iOs25.
All the members of the Thaw family
We're early IN the COURT room- When
Harry was told I'm the Tolnbs this
morning that II was reported he had
broken down for two or three minutes
before the commission yesterday Al-
terpoon, when he was questioned on
the subject OF his delusioms, he eN-
claimed Nonsense, rot"
Justice Fitzgerald had long confer
suce with the fuli commission after thH
/ arrival ~ Chairman Mcclure. The
| conference continued until long AFTER
/ 1o;sO. the hour set for the jury TO re-
4 port
AZ II 80 Il. M The Jury and the defen-
/ dant were brought before HIM ThaW
seemed nervous aud excited and these
I feelings extended more or less 10 tvory
| person In the crowded rOau- The
| members Of the Thaw family group
| moved nrrvoDsy and seemed 70 appre-
hend that tho crisis N tho trial was at
| hand.
| II was quickly noticed however. that
the commission did not make It's ar
! pearanca and this gave rise TO the stF-
! plcon that a decision az to rhnW's
present mental condition had not been
/ reached,
The suspense was SOON ended by ] us
/ tce Fitzgerald turning 10 the fury and
saying
"Gentlemen or tho Jury am going
/ 10 discharge you until j., nl lse care
/ tul not 10 discuss the case with amy one
/ and don't let amy one talk "a You with
reference IN What Is taking place,