The Penn's Grove record., 1907-03-29
BOARD OF LUNACY TO
FIX FATE OF THAW
Morgan ]. 0'Brien, Peter B. OIney
and Or. Leopold Putzel Named.
WIFE WEEPS OVER PROSPECT

Lawyers Struggle On Until Last Min.
ute and Beg Delay to Bring
Proof That Whites Slayer is
Sane at Present.
New York City.-What Harry K.
Thaw has feared most since he killed
Stanford White on the Madison
Square Roof Garden came to pass
when Justice Fitzgerald, in the
Criminal Branch of the Supreme
Court, appointed a commission in
lunacy to inquire into the present
mental condition of the defendant
The fear that he would be adjudged
insane and sent to a madhouse has
been so strong with Thaw that soon
after the shooting he dismissed the
firm of Black, Olcott, Gruber &,
Bonynge as his counsel because he
thought it was their intention to take
him before a lunacy commission.
Up to the moment of the appoint
ment of the commission Thaw's law
yers fought hard against it, and
when Dolphin NJ. Delmas was in
formed by Justice Fitzgerald that he
had decided to have Thaw's mental
condition determined by three disin-
terested persons, Delmas begged for
Il delay of a day Or two in order ia
file further affidavits showing Thaw's
present sanity. Justice Fitzgerald
refused to grant the request, and
made out an order appointing Nor
gan J. O'Brien, former Presiding Jus.
tice of the Appellate Division OF the
Supreme Court; Peter B. Olney, a
former District Attorney of New
York, and Dr.. Leopold Putzel, a
noted alienist, commissioners to in
luire into Thaw's mental condition
and report the facts and conclusion
to the court.
The blow vas a staggering one to
Thaw, his wife and his lawyers. Eve
Ign Nesbit Thaw, who had waited all
morning and part of the afternoon in
the witness Dom leading from court,
broke down and wept Historically
when she was informed of Justice
F1tzgerald's decision. Not since her
husband slew Stanford White had
she shown such emotion as she dis
played when the news of the appoint
ment of the commission was brought
to her. She almost tottered out of
the witness room, and her frame
shook with sobs as she walked
through the corridor of the Court
House into the street and crossed
over to the Tombs.
1t was Evelyn Nesbit Thaw who
broke the disquieting news to her
husband. Thaw had waited in his
cell, confident that Justice Fitzgerald
would refuse to appoint the commits
sion.
After receiving written notice OF
their selection, the three appointees
agreed to serve on the commission.
They begin their work without delay,
Just how long the sessions will last
cannot be guessed at. Much will de-
pend upon whether the commission
ers decide to go into the history OF
the case or only hear witnesses who
can swear as to the present mental
condition of the defendant.
The Justice appointing a commits.
sion in lunacy has the power to re.
ject its report. Thaw will be present
at every session of the commission
He must submit to a physical exam.
ination by the doctor on the commits,
sion, but may refuse to subject him
self to al oral examination. If he
should do SO, however, it might be
construed as an acknowledgment thai
the District Attorneys contention il
correct. If the commission should
find that Thaw is sound now Justice
Fitzgerald would have to send for the
jury and resume the trial.
If the commissioners should fine
that Thaw is insane Justice Fitzger
aid, if he should accept theif report
would be compelled to discharge the
jury, and he would then have to issue
an order for the confinement of ThaV
in the Asylum for the Criminal In
sane at Matteawan. If Thaw should
recover his mind later the Distric
Attorneys duty would be to place
him on trial again before a new jury