Waterbury evening Democrat., 1907-04-04
Lunacy Commission in Thaw Case DeIiberated .Ulfil 2
 O'Clock This Morning
AND FAILED TO AGREE
Alter a Conference With Justice Fitz. gerald This Morning They Again Went Into Session and They
 Decided Thaw is Sane.

New York, March 4.-When Jus tice Fitzgerald called the jury into the court room at 11:3Q, a. m. to- day, the commission in lunacy ap- pointed to inquire into the present condition of the defendant had not been able to agree upon verdict. The jury was excused until 3 p. m. by which time Justice Fitzgerald said he hoped he would have some- thing definite before him.
 Thaw was declared sane by the lunacy commission at 2::20 this after noon. While the report has not been made public it is said to be unani- nous. Justice Fitzgerald as soon as he had taken his seat on the bench this afternoon said that he had sue ceeded in getting a report from the commission in lunacy. He had two copies of the report, one of which he delivered in District Attorney Jerome and the other to counsel for the ac- cused. Neither Thaw nor the jury were present when the report was made. Word was sent to Thaw bow ever and to afl his relatives and they were highly elated. The entire report of the commission covers three type written pages and will not be made public.
 The commission in lunacy sat until after ? o'clock this morning trying to agree upon report, but failed. It went into session again in Justice Fitzgerald's chambers at 10: 30 a. m. to-day.
 It was reported that there was a serious division of sentiment among the three members of the commits sion, the two laymen being arrayed against the medical member. Justice Fitzgerald is very anxious to have a unanimous report from the commit- tee one way or the other and 1t was for this reason, that he decided to give them more time.
 In anticipation of "a verdict by the commission in lunacy which for more than week has been inquiriug into the present mental state of Harry K. Thaw, a large crowd gathered at the criminal courts building to-day. The jury had been ordered to report be- fore Justice Fitzgerald at 10:so o'clock.
 The commission sat until late last night considering the evidence ad- duced before 1t by District Attorney Jerome and counsel for Thaw. It was reported early to-day that there had been division of sentiment in the commission. the two lay mem- bers, Messrs David Mcclure and Pe- ter B. Olney being of a contrary opin- ion to that expressed by the Ned ica1 Member pr Leopold Putzel. The report could not be verified.
 Dr Putzel was the first notable fig- ure connected with the trial to reach the court house this morning. He arrived at 9:45 and went direct to Justice Fitzgerald's chambers. He would not discuss the case in any way.
 Commissioner Olnsy arrived a few minutes after Dr Putzel and Justice Fitzgerald reached his chambers at 10 a. m. He began at once to con-
 
 The commission's chairman, Mir Mcclure. did not reach the court house until 10:25 a. m. It was said the commission had continued in session until after o'clock this 
 All the members of the Thaw fam fly were early in the court room. The party included Mrs William Thaw. Mrs Evelyn Neshit Thaw. the of Yarmouth, Mrs Carnegie. and Edward and Josiah Thaw.
 When Harry Thaw was told in the tombs this morning that 1t was re- ported he had broken down for two or three minutes before the commits sion yesterday afternoon when he was questioned on the subject of his de- lusions. he exclaimed Nonsense. Rot"
 Justice Fitzgerald had a long con- with the full commission af- ter the arrival of Chairman Mcclure. The conference continued until long past the hour set for the jury to re- port.
 At 11:15 o'clock the commission vas still in copsultatiou with Justice 
 The delay of the commission in It's conclusions gave color o the earlier reports that there was l serious difference of opinion in the 'oard. Justice Fitzgerald. ft vas re- 'orted- was extremely anxious to lave a unanimous verdict from the commission and urged with them long that line.