Smyrna times., 1907-04-10
HARRY THAW
DECLARED SANE
The Lunacy Commission Decides He
Understands Proceedings.
JEROME WILL NOT APPEAL

New York, April 5.-Harry K. Thaw
was declared sane by the unanimous
7eport of the commission in l,lnacy ap-
pointed to inquire into his present
mental condition. The moment the de-
eision was handed down from Justice
Fitzgerald's desk, District Attorney
jerome was on his feet vigorously
protesting against its confirmation by |
the court. He charged that he had |
been excluded from the last session |
OF the commission and demanded to |
be allowed to have access to the min
ntes and stenographic notes of what |
transpired at the final mental and ply
sical examination of the defendant
District Attorney Jerome decided
that he will not ask the appellate divi-
sion of the supreme court for a writ
OF prohibition against the continuance
OF the trial before Justice Fitzgerald.
He will, however, on Monday make an
argument TO Justice Fitzgerald against
the confirmation by the justice of the
report of the commission in lunacy,
which declared that Thaw was capa-
BILE of appreciating and understanding
the proceedings against him and of
advising with his counsel. The district
attorney came to this decision after
having read the law and precedents
in criminal cases.
Should Justice Fitzgerald Overrule
the district attorneys arguments and
confirm the report of the lunacy COM
r,.icc in in, bo will
be begun, Mr. Delmas opening for the
defense. He will be followed by Dis
trict Attorney Jerome for the prosecu-
tion. If there are 10 further Interrupt
tions the case, which has now dragged
along for many weeks, should be III
the hands of the jury by Wednesday
or Thursday of next week.
The news of the commissions unan-
imous verdict as to his present sanity
was carried to Thaw in the prisoners
pen. He expressed satisfaction but
not surprise. There has never been a
time since the commission was ap-
pointed that the defendant has not
been wholly confident of a favorable
decision. He declared that he felt
especially lucky because it was the
second anniversary of his marriage.
The unanimous. report came as a
complete surprise. In handing it down
Justice Fitzgerald gave no inkling
whatever as to the finding and as the
report was not read in court few OF
those in the crowded room knew what
the verdict had been. Mr.. jerome
made his plea without perusiDg the
report He evidently had OWNED its
contents, however, although he care
fully prefixed the phrase 'if the re
port should be unfavorable to my con
tention" to all of his remarks.
Before the storm of the district at
torney's protest broke, Justice Fitz
gerald had handed to him and to Mr.
Hartridge, of counsel for the defense
carbon copies of the commissions full
report. 1t was from the defendant
counsel table that the nature of tn
decision first became known. MI
Hartridge rushed over and whispere
to Mrs. William Thaw and to Mrs
Evelyn Nesbit Thaw and then sent
messenger hurrying to the defendan
with the tidings.
When the report finally fell into tn
possession of the newspaper men
was seen to be a most sweeping VII
tory for Thaw. 1t confirmed the r.
ports of the excellent showing he ha
made before the commission in bot
his mental and physical tests, and ais
indicated that the only expert test
mony which the commission had tai
en- into consideration was that of th
physicians who had an opportunity
examine Thaw and talk with him a
most daily during the trial. The te
timony of the other experts, who a
swered from hypothetical bases, ws
declared by the commission to be irr
concilable. The most significant par
graph in the report reads:
1.-THE direct oral and physical exaI
ination of the defendant by the col
missioners themselves disclosed no j
sanity in the defendant at the prese
time"