The Barre daily times. (Barre, Vt.) 1897-1959, 1907-03-27
Met To-day and lined
Plans to Examine ThaW
JURY HAS BEEN EXCUSED
Justice Fitzgerald Called Together Three
Men Whom He Chose Yesterday to
Determine the Mental Status
of the Accused.

4
New York. March 27.-The members
Of the Thaw lunacy commission met in
Justice Fitxgerald's chambers today, pre-
vious 10 the holding Of court to dismiss
the jury until it shall be needed to
resume the trial or formally discharge
Thaw, if he is found to be insane. JUS
tice Fitzgerald called the commissioners
together to sive them instructions and
allow them to outline their plans before
going to court.
At the conclusion of the conference
between the attorneys and court today,
Justice Fitzgerald adjourned the ses-
sion until 1880 Monday morning The
justice Immediately retired to the cham
bers where the commission awaited him.
The next move il entirely with the com
mission, and District Attorney jerome
said he had no idea what they would do
Attorney Hartridge will represent Thaw
before the commission
AS soon as he came into court, Justice
Fitzgerald excused the jury until Mon
day morning. Then he began the whis-
pered conference above referred to, par
ticipated in by Fitzgerald, Jerome and
Hartridee.
Evelyn Thaw, Mrs. Thaw, the countess
OF Yarmouth and Mrs. George L. Car
negie sat in court behind Harry Thaw.
Evelyn Thaw's eyes and cheeks were
swollen with weeping.
Personnel Of the Commission.
The announcement by Justice Fitzger-
aid of his determination to appoint a
lunacy commission was unexpected.
osophically and once more declared that
he had no doubt the commission would
declare him a sane man. The personnel
Of the commission named by Justice
Fitzgerald lends new distinction to
this already notable case The men
who win determine the mental capacity
Of Thaw are Morgan J. O'Brien, former
justice Of the appellate division OF the
state supreme court; Peter B. 0Iney,
formerly district attorney of New York
county and lawyer of high legal at
tainments; DIR. Leopold Putzel prae-
tieing physician and authority on men
tai disorders.
Former Justice 0'Brien is one OF the
trustees, with Grover Cleveland, of the
Hyde stock in the Equitable Life AS
surance society purchased by Thomas #.
Ryan just prior to the insurance inves-
tigation. When he was candidate for
reelection to the bench in 1901 as a
Democrat, Justice O'Bnien was unoppos-
cd. President Roosevelt made trip
from Washington to Oyster Bay to cast
his ballot for him.
Before being elected district attorney
of New York county in 1888, Mr.. 0lney
had been member with William G.
Whitney of the commission appointed
in 1873 to revise the laws of the state
affecting public interests in New York
City. He is graduate Of Harvard.
DIR. Putzel, the third member of the
commission, is graduate of Bellevue
hospital medical school and has had a
long experience in that institution. He
il qualified before the state medical
board as an examiner in lunaey.
Effect on Lawyers.
Thaw's lawyers and the defendant
himself were downcast when they were
first made acquainted with Justice Fitz-
gerald's decision, but all were manifest
ly pleased when the latter announcement
as to the personnel of the committee
of inquiry was made. Mr. Delmas, in
particular, declared that Justice Fitz.
gerald could hardly have selected d more
generally satisfactory commission one
whose decision would commend mode CON
fidence and respect. District Attorney
Jerome seemed pleased with the result
OF the dramatic appeal he made last
week to the conscience Of the court, ask
ing an interruption Of the trial on the
ground that the defendant was in such
mental state that he could not intel
ligently confer with and advise his coun-
sci and did not understand the nature
Of the proceedings against him.
y AIessrs. Hartridge and O'Reilly went
81 with Mrs. Evelyn Thaw to the Tombs
s and there in the hospital ward they met
81 the prisoner. This ward had been placed
81 at their disposal because OF the crowd
IN the usual consultation room. The
brothers Of the defendant did not 90
10 the Tombs, but hurried up town with
the news Of the commission to their
another and sisters who were waiting
n their apartments. Thaw had OWNED
he result Of the conference with Justice
itzaesald and was not in the least sur
Mprised.
1t is all right. dearie' he said to
bis wife, u am not afraid Of com
nission. ! am sane man now, just
sane al the Judge himself, and 4 am
&me that any fair-minded commission
Si so declare me-
The attorneys quickly Withdrew from
he conference and Ihaw and his wife
At for long time together in discussing
yhst bhc commission probably would do
NAen Mr.. Hartridge came out be de-
ared
The fortitude of the boy (meaning
law astonishes me sometimes, and i
rainly did today
later in the afternoon Thaw sent ont
satoment II which lie said. Every
amg is perfectly satisfactory to me.
aa sure ! win be able to satisfy the
lanssion that am sane AZ Tie pres
tlne. Anytime Justice Fitzgerald
s all right. He has always acted
! fair and impartial manner"