The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-03-27
THhWMAY NEVER
FACE C|''.E| jury |;|'| AGAIN \ NJ n
Justice Appoints Com. m.
mission to Inquire In 4
to Prisoners Sanity.
PERSONNEL OF
COMMISSION HIGH ~
H'"No Three Men Could Have Been
Selected Who Would Be More
Satisfactory to Defense,
Says Attorney Delmas.
Mrs. Thaw Was
fearful.

NEW York, March 26.---Harry i.
SThaw may never again face the ju 5$iSs
cmpannc led more than nine weeks la go assSS:
to try him on the charge OF nlurdersaa
In the first degree Justice Fitzgerald
to- day unexpectedly handed down q, y s
decision ordering a commission sinI 5sSsg
lunacy to Inquire into the present taf
state Of mind Of Stanford Wllite'sS5s: S:
slayer. The decision Of the three dis
Interested men named to conduct 7 the Me-
OF the court as to ordering .rhtWss Ri
to an asylum for the Insane or q rect
ing that the Indefinitely .interrupteds
trial for his life shall proceed.
Justice Fitzgerald announced lie M
appointment Of the commission pri- 8
bit Thaw was there with the lawyers
and it became her task to break the ,%
news to her husband In the Tolilbs.8S
fearful when she left the judges
rooms in the Criimanl Court Build--SSs9
ing. the young woman, who has been
such d conspicuous figure In the trial ~
from first to last, was smiling and "
cheerful when Thaw was brought from 3SSi
his cell to the hospital ward Of The I.
prison to meet her. s$$ SSssl
Thuw accepted the courts " decision nSS#; nSS#;
phlosophically, and once more declared lar ss
he had no the commission would Ia
declare him a sane man. 8ss8SSss9
Personnel Of Commission s.,f$s
The personnel Of the commission named
by Justice Fitzgerald lends q new clsrr-.
| tinction to this already notable case. The
men who will determine Thaw'ss mental n
| capacity are Morgun j. OBrien, q former
Justice OF the appellate division of the Il
Supreme Court; Peter b. Olney, former:
4e;strict attorney Of New FORK f county
and sa lawyer OF high legal a ttni ninn,,sen1tss.ss
and Or. Leopold Ia II ntzei.g a pract ticlng 19h
sician and authority OF, lnent tai disorders
i DR.. Putzel Is a q graz duate Of B Bellevue
! Hospital medical school. and has had ~ n
| long experience in that Institution. He
i is Qualified before the State medical sss3
i board MS m examiner in lunncy. IS 3 sS
Will Excuse the Jury.
The Th;lw jury was ordered on las
Friday to report before Justice Fitzgerald
J o-morrow morning at 1880 O clock. Nh AZ
i that hour there will be a brief court pro-
cetlure, the jury being excused indofi-a
/ nitely. Whether or not Thaw will be-
brought into court for this ceremony re+sSf re+-sSSf
i mains to be seen. His presence vii not
I be necessary. @ slSi
1 No date had been fixed to light for the
4 first meeting Of the commission. Thera8
1 will probably be some definite announce
ment on this point Tomorrow. however
4 for the law under which the conmis-sss
] soners were appointed directs thnt9they8
II proceed with their inquiry forthwith
Il Justice Fitzgerald said it would st@witll8
d the commission as to whether or not
|3its hearings shall be made public In
B THE last case Of this sort In this j jurts--
dicton--the inquiry into the mental con- -ss
dltion of Josefina Terrunova, who killed
her aunt and uncle-the commissions
, inquiry was conducted behind closed
doors. The girl was declared sane, and
a subsequently was acquitted by the jury
The Thnw lunacy commission will be-
, attended by District Attorney Jerome,s
The lawyers for the defendant will also
: be present, and the commission may;
direct and compel the attendance OF any
witness it may desire. 1t is probable
: that Thaw will bc asked first Of all to
: submit TO a rigid physical eSaln1na -g
: ton. & S9sss
The Defense DoWncast.
Thaw's lawyers and the defendant him
! self We're downcast when they were first
: made acquainted with Justice Fitz-
gerald's decision, but all were manifestlY3
Z pleased when the later announcement It as
! to the personnel Of the committee OF lin-s
uuiry was made.f Mr.. Delmas, In par;
ticular declared that Justice Fitzgerald
could hardly have selected more gen
orally satisfactory commisslon--one whose:
decision would command more confidence
: and respect District Attorney Jerome
seemed pleased with the result Of thas
dramatic appeal he made last week 70
< the conscience Of the court, asking an
T interruption Of the trial, on the ground
that the defendant was In such mental
state that he could not intelligently ads
wise his counsel, and did not understand
the nature of the proceedings against
: him.
: Decision Announced.
: Justice Fitzgerald summoned al the
Q lawyers for the defendant and pistrlcs
= Attorney Jerome before him In his cham-
6 hers this afternoon. Josiah and Edward
y ,rhaw brothers of the defendant, and
9 Evelyn Nesblt Thaw, his wife, We're telo-
y phoncd To by the attorneys, and quickly
! appeared at the courthouse.
Justice Fitzgerald based his decision
. on the conflict of afildavits as pre-
snnted by the opposing sides, saylns
!, they were too Numerically at odds
9 to permit of a decision other than
y In favor of an impartial inquiry, a ftel
g citing the suggestion made in court
. by District-Attorney Jerome and tue
!. various atdavtts presented on hotk
:, :, sides, Justice Fitzgerald's memorant
/, DUN reads:
= II do, therefore, in pursuance OF K
~ the statute In such cases made an s3s
d provided, hereby appoint the Hon,
20 20 Morgan j. O'Brien, the Hon. Peter
- b. Olnsy and Leopold Putzel, NJ p,..
: three disintarested persons, conl-
H. mission forthwith to examine into 4
Z, 4, the mental cond!tinn5of said Harry
-, X rhaw and toreport 70 q ne GO " "
- at all convenient speed the Facts 3
j. and their opinions as TO whether.
=, nj tn. time of such examination
g. the said Harry Il. Thaw was In "
- such state OF isiocy, imbecillty. N
=, lpnaey or insanity so M 10 be In,
y, -, capable OF rightly understanding u
~ his own condj ton. tho nature Of
The charges asa!nst him aud saalE salE