Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1907-04-11
Unanimous Decision by Commits
sion in Lunacy on Defend
ants Condition.
ADJOURNMENT TILL MONDAY.
his to Give District Attorney Chance
to Ask for writ Preventing Con-
tinunnce Of Trial-Joy of
Thaw's Relatives Dashed
by Latest Move.

New York, April 4-fiarry X. Thaw wa,
Eclared sane to-day in the unanimou.
port OF the commission in unacy ap.
Pinted some two weeks ago to inquire
to his present mental condition. The
oment tne decision was handed dowr
ON Justice FitzEerald's desk, District
torney Jerome was on his feet vigorous.
protesting against its confirmation by
court. He charged that he had been
cluded from the last session of the COM
ssion and demanded access to the
nutes and the stenograpilic notes of
nat happened at he final mental and
ysical examination Of the defendant.
hen Justice Fitzgerald declined to
I'm the minutes over to him, Mr.. Jerome
|clared he would carry the case to the
Ppellate division of the supreme court
ID ask that writ of prohibition or
|indamus be granted to prevent
continuance of the Thaw trial until the
CHER court had ruled upon the lagality
the commissions course.
Justice Fitzgerald reminded Mr.. Jerome
at he had waived the statutory right
attending the last session of the COM
ssion by himself suggesting that all the
torneys be excluded from the sitting
question. He then granted the district
torney an adjournment until next Mon
Y morning. so that he might have
ne to prepare his application to the
pellate division.
Mr.. jerome protested that the time
rs too short but Justice Fitzgerald
him short with the statement that
trial must be concluded forthwith
WILL RESUME TRIAL MONDAY.
Mess Mr.. Jerome should obtain IA
rit of prohibition in the meantime
stice Fitzgerald, It is expected. will
nounce Monday morning that he has
nfirmed the report Of the commission
d will order that the trial proceed
thout further delay. The district at
rney and the counsel for the defense
II be heard in argument as to the
rNTmation of the report on Mondays
Fsion of the court If they so desire.
After the adjournment to-day Mr.
rome issued a statement in which he
"a he could not tell until after a
prough examination of authorities
hether or not he ought to take fur
er action in the way of an application
ich the conclusion after examining
law on the subject. that Justice
tzgerald was not in legal error in
usinE him access to the commits
|ns minutes. he would, of course
Re no further action. Mr. Jerome
rlared that If he made application to
higher court 1T would be because of
precedent set by Justice Fitzgerald
not particularly because of the eff
II in this case.
'haw was not In court to hear the de-
ion The jury. which has heard the
timony against him was also excluded
both prisoner and Jurors were out
hearing of the district attorneys heat
discussion with Justice Fitzgerald
the members of the Thaw family in
ding the mother and wife Of the de-
pdant We're there, however. and their
en delight over the announcement Of
favorable report from the lunacy
omission was turned into alarm at the
Expected attitude of the district attor-
=. whose threat to take the matter
ore the appellate division of the court
med to involve another serious DELAY
the long drawn out case.
laws WEDDING ANNIVERSARY.
he news of the commissions unanf-
(us verdict as to his present sanity
carried to Thaw in the prisoners
b. He expressed satisfaction but not
Sprise. There has never been a time
zee the commission was appointed that
has not been wholly confident OF
'orable decision. He declared to-day
IT he felt especially lucky because II
s the second anniversary of his mar
ge.
he decision was made public during
afternoon session of the court and
yer reports, based upon significant cir
|nstantial evidence, had gained wide
culation that the commission had split
could not reach an agreement The
lay commissioners, David Mcclure
Peter B. Olney were said to have
omitted report declaring Thaw to be
e' whereas DR.. Leopold Putzel was
serted to have submitted minority
mon to the effect that Thaw was not
oily sane, Notwithstanding he had an
rently been able to advise lucidly with
counsel.
Justice Fitzgerald had. long oonsulta-
with the three commissioners prior
the morning session of court and
n he announced that there would he
decision before two o'clock. In the
antlme DIR. Putzel withdrew from tho