The daily morning journal and courier., 1907-03-27
COMMISSION TO
 EXAM. NE THAW Justice Fitzgerald Unex- pectedIy Hands Down lis Dec sion on Petition
 of MT. Jerome.
DISINTERESTED MEN NAMED
LEND NEW DISTINCTION TO AL-
 READY NOTABLE CASE.

Morgan J. O'Brien, Former Justice of
 Appellate Division of New York state
 Supreme Court; Peter B. Olney,
 Former District Attorney of New
 York County and Dr' Leopold Put
 zeI Practicing Physician and Au-
 thority on Mental Disorders, to De-
 eide the An-ImpOrtant Question of
 Thayv,s Present Sanity-Wife Breaks
 News to the Accused-Accepts it
 PhiIosophicalIy and Does Not Fear
 Result-DecIares He's as Sane as the
 Judge.
 New York, March 26.-Harry K. Thaw may never again face the jury empan- elled more than nine weeks ago to try him in the charge of murder in the first degree. Justice Fitzgerald to-day un- expectedly handed down decision or dering a commission in lunacy to fn- quire into the present state of mind of Stanford Whites slayer. The decision of the three disinterested men named to conduct the inquiry will guide the future action of the court as to order ing Thaw to an asylum for the insane or directing that the indefinitely inter- rupted trial for i1is life shall proceed. Justice Fitzgerald announced the ap- pointment of the commission privately in his chambers. Evelyn Nesbit Thaw was there with the lawyers, and it be- came her task to break the news to her husband in the Tombs. Fearful when stle left the Judges rooms in the criminal courts building, the young woman who has been such a conspicu- ous figure in the trial from first to last was smiling and cheerful when Thaw was brought from his cell to the hos pital 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 sane man now.
 The personnel of the commission named by Justice Fitzgerald leHds a new distinction to this already notable case. The men who will determine Tlaw's mental capacity are
 Morgan J. OBrien, a former justice of the appellate division of the state supreme court.
 Peter B. Olney former district attor- ney of New York county and lawyer of high legal attainments.
 Dr. Leopold Putzel a practicing phy- sican and authority on mental disor- ders.
 Former Justice O'Brien is one of the trustees, with Grover Cleveland, of the Hyde stock in the Equitable Life As surance society purchased by Thomas F. Ryan When he was a candidate for reelection to the bench in 1901 as a democrat Justice O'Brien was unoppos- ed President Roosevelt made a trip from Washington to Oyster Bay to cast his ballot for him.
 Before being elected district attorney of New York county in 1883 MT Olney had been a member, with William c. Whitney, of the commission appointed in 1879 to revise the laws of the state affecting public interests in New York city He is a graduate of Harvard
 Dr. Putzel, the third member of the commission, Is graduate of Bellevue Hospital Medical school and has had a long experience in that institution. He is qualified before the state medical board as an examiner in lunacy.
 The Thaw jury was ordered on last Friday to report before Justice Fitz- gerald tomorrow morning at 10:30 o'clock. At that hour thero will be a brief court procedure, the jury being excused indefinitely. Whether or not Thaw will be brought into court, for this ceremony remains to be seen. His presence will not be necessary.
 No date had been fixed tonight for the first meeting of the commission. There probably will be some definite announcement on this point tomorrow, however, for the law under which the commissioners were appointed directs that they proceed with their inquiry forthwith. Justice Fitzgerald said it would rest with the commission as to whether or not its hearings shall be nublic. Tn the last case of this sort in this iurisdiction-tile inquiry into the mental condition of Josefina Terranova, who killed her aunt and uncle-the commissions inquiry was conducted behind closed doors. The girl was de- clared sane and subsequently was &C., quilted by the jury.
 The Thaw lunacy commission will be attended by District Attorney Jeromes The lawyers for the defendant will also be present, and the commission may direct and compel the attendance of any witnesses it may desire. It is prob able that Thaw will be asked, first of all, to submit to rigid physical exam ination. Having undergone several of these since his Incarceration, he is somewhat nervous on this subject, but