The farmer and mechanic., 1907-04-09
HAS No RATS IN
HIS SUPPERSTORY
Lunacy Commission Says
ThaW is Sane.
THE MATTER SiFTED
District itnrncy Jcromr Raise OBJ
jcction 10 The Report. and Upon
Reflection. Decid,.~ Il Take
thc Matter tp on Appeal
TO Higher Cnnrt

10 fisnff tDuFT.
tBy the Associated Press
New York, April Harry 4. Thav
today VAS declared sane Dy IN. unani-
nous report Of the commission IN
lunacy appointed 10 inquire into his
present mental condition The mo-
ment the decision was handed down
from Justice Fitzgerald'S desk. Dis
trict Attorney Jerome WAS on his feet
Vigorously protesting against IL con
frmation by the court IL charged
That he had been excluded from the
last session If the commission and de
Inandcd - be allowed - nave access
10 the minutes ana stcuOgraphic notes
~ what t.anspired at the final mental
and physical examination or the de-
fendant When Justice Fitzgerald
declined 10 turn the minutes over 70
The district attorney, Mr.. Jerome de-
ciaTcd he would carry the case to the
appellate division OF the supreme
court. asking tfat a wit Of prohibition
pl mandamus be granted To prevent Il
continuance OF the IhdW trial. untli
tho higher court had ruled upon tn,
legality of the commissions course.
Justice Fitzgerald reminded Mr.. Jc-
rome that he haC waived the Statu-
tory right of attending the last session
of the commission by suggesting him
self that all the attorncvs be excluded
from the sitting in question He
then granted the District attorney an
adjournment until Monday next In
order that he might have time 10 pre-
lalc his application 10 the appellate
division Mr. Jcrom" protested that
the time was not sufficient, but Jus
tiCe Fitzgerald cut him short with
the announcement that the trial must
be concluded forthwith
Unless Mr.. jerome should secure q
writ Of prohibition in the meantime.
Justice Fitzgerald is expected To an
nounce on Monday that he has CON
tirmed the report of the commission,
and order that the Trial proceed
without further delay. The district
attorney and the counsel for the de-
fenSe will be heard in argument as to
the confirmation Of the report al Mon
days session Of the court, if they de-
sire
Will Examine Authorities.
After the adjournment today Mr..
jerome issued a statement in which
he said he could not tell until after
thorough examination of authorities
whether or not he ought to take fHr
ther action in the way of an applica
ton to the appellate division. Should
he reach the conclusion after exam
ining the law on the subject, that JUS
tice Fitzgerald had not committed
legal error in refusing him access tc
the commissions minutes, he would
take no further action Mr.. Jerome
declared that If he made application
to the higher court it would be be-
cause of the precedent set by Justice
Fitzgerald and not particularly of the
effect in this case.
Thaw was not in court TO hear the
decision. The jury, which has head
the testimony against him, was also
excluded and all of the jurors Wee
out of range of the district attorney :
heated discussion with Justice Fit
gerald. All the members of the ThaW
family, including the mother and wife
of the defendant were present how
ever, and their keen delight over the
announcement Of the favorable report
| from the lunacy commission, was
turned into alarm at the unexpectc1
attitude of the district attorncT.
whose threat to take the matter be-
fore the appellate division of the court
seemed to indicate another serious
delay in the long drawn-out trial.
Thaw's Lucky Day.
The news Of the commissions unar-
imouS verdict as to his present Sanj-
ty was carried to Thaw in the prison
| er's pen Fl expressed satisfaction
! but no surprise. There has never been
| q time since the commission was APP
/ DOinted that the defendant has not
! been wholly confident of a favorable
decision. He declared today that he
felt especially lucky because il was
| the second anniversary Of his ma
/ riage.
The decision came during the after
! noon session of court and after re-
ports. based upon significant clrcum-
! stanti;l evidence had gained Wldt
circulation that the commission was
split ana could not reach an agree
.g,p<f t1.fH
rore came IS Il surprise.
Before Tho storm of the district at
torney'S protest broke Justice tltz
gerald had handed To him and TO Mr.
Harridge, Of counsel for the defense
carbon copies Of the commission's ful
repOrt Il was from the defendant
counsel table that the nature Of tn
decision first became known. Mr
Hartridge rushed over and Whispered
to Mrs William ThaW and TO Mrs
Evelyn Nesbit Thaw, and sent mes
senger hurrying 10 the defendant witt
the tidingS.
When ,he-report finally fell into tn
possession OF the newspaper men
was seen to be 4 most sWeening VIC
tory for ThaW II confirmed the re
norts of the fine showing he had mad
before. the commissioners on his men
tai and physical tests and also indi
Gated that the only expert testimon
consideration was that of the physi
clans who had had an opportunity I
examine ThaW ana talk with him a
most daily during the trial The test
mony of the other experts. who an
swered from hypothetical bases. wa
| declared by the commission 20 be IL
Z recOncilable
Report OF the Commission.
+ The report Of the commission
: full is as follows:
r 1--WE. the undersigned appointed b
I this court by orders dated March ,
ii 1907. and March -. 1907, a commi:
sion forthwith to examine into IN
| mental condition of Harry K ThaN
and to report to the court with a
convenient speed the facts and the
: opinion as TO whether at the time
: uch examination Harry X. Tha
II was il state Of idiocy, imbecilcit
= lunacy OF insanity so as TO be incap.
: Bile Of rightly understanding h
own condition, the nature 81 I!