Milford chronicle., 1907-03-29
lUNACY BOARD
FOR HARRY THAW
Justice Fitzgerald Names a Commits
sion to Examine Him.
HARD BLOW FOR THE DEFENSE

A4AAeD OA4O W EOll llE OLE
New York, March 27-Harry K
Thaw may never again face the jury
empaneld more than nine weeks ago
10 try him on the charge of murder
in the first degree Justice Fitzger-
aid Unexpectedly handed down a de-
cision ordering a commission in lun-
aey to inquire into the present state
of mind of Stanford Whites slayer
The decision of the three disinterest-
ed men named to conduct the inquiry
will guide the future action of the
court as to ordering Thaw to an asy-
lum for the insane or directing that
the indefinitely interrupted trial for
his life shall proceed.
Justice Fitzgerald announced the
appointment of the commission pri-
vately in his chambers. Evelyn Mes
bit Thaw was there with the lawyers,
and it became her task to break the
news to her husband in the TOmbs
fearful when she left the judges
room, the young woman who has been
such conspicuous figure in the trial
from the first to last, was smiling and
cheerful when Thaw was brought |
from his cell to the hospital ward of |
the prison to meet her. Thaw accepted !
the courts decision philosophically, |
and once more declared he had no |
doubt the commission would declare |
him a sane man.
The Commission.
The personnel of the commission
named by Justice Fitzgerald lends a
new distinction to this already notable
case. The men who will determine
Thaw's mental capacity are:
Morgan J. OBrien, a former justice
Of the appellate division of the su-
preme court.
Peter B. Olney. former district at
tOrney of New York county, and a
lawyer of high legal attainments.
DR.. Leopold Putzel, a practicing
physician and an authority on mental {
disorders.
The Thaw jury reported before
Judge Fitzgerald and were excused
indefinitely. No date has been fixed I
for the first meeting of the commits {
sion. Justice Fitzgerald said it would
rest with the commission as to wheth- 6
er or not its hearings shall be public.
In the last case of this sort. in this {
Jurisdiction-the inquiry into the men. {
tai condition Of Josefna Terranova,
who killed her aunt and uncle-the
commissions inquiry was conducted
behind closed doors. The girl was de |
clared sane and subsequently was
acquitted by the jury.
Thaw Will Aid Commission. F
The Thaw lunacy commission will 0
be attended by District Attorney Je. b
rome. The lawyers for the defendant G
will also be present, and the commits. W
sion may direct and compel the attend b.
ance of any witnesses it may desire. h
1t is probable that Thaw will be asked ig
first of all to submit to a rigid physi- in
cal examination. Having undergone W
several of these since his incarcera- m
ion, he is somewhat nervous on this A
subject, but it was said by his coun- Gi
iel that he would do everything in his
Iower to aid the commission with its
york, and that he hoped for an early 70
opinion as to his sanity. ou
Thaw's lawyers and the defendant pi
iimself were downcast when they in
7ere first made acquainted with Jus. pl,
ice Fitzgerald's decision, but all were tn
lanifestly pleased when the later an. in
ouncement as to the personnel of the pl'
ommittee of inquiry was made Mr.. me
'elmas, in particular, declared that tn
ustice Fitzgerald could hardly have
elected a more generally satisfactory
one whose decision 80
ould command more confidence and ~ ~
,spect. District Attorney Jerome - -
semed pleased with the result of the ~
-amatic appeal he made last week s1=. s'
the conscience of the court, asking - -
l interruption of the trial on the ,,1. ~.
'ound that the defendant was in such -
mental state that he could not in ~ ~
lligently confer with and advise his l3'o
unset, and did not understand the 1tio
ture Of the proceedings against him. s,le
Impartial Inquiry Necessary. GU
Justice Fitzgerald summoned all the u
wyers for the defendant and Dis a. i's
ct Attorney Jerome before him in nau
ambers. Josiah and Edward Thaw. was
others Of the defendant, and Eve
/ Nesbit Thaw, his wife, were tele- H..
oned to by the attorneys, and quick s.,
at the courthouse. In an