New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-29
THAW'S BACK TO WALL.
CONllTSSION HEARS HIN.
Fights TO Prove Sanity -Quick De-
cisiOn Expected.


chairman OF the commission, there IS probable
g,v that Thaw win be found sane enough for the
trial TO continue. II further appears likely that
the commission win reach decision in time TO
nerrnit of a report being made TO the court be-
fore the Jury meets on Monday morning, in
which case the trial would continue.
Thaw was under examination for nearly two
hours. and it was said answered all questions
nut 70 him in a rational manner. The only diff
ference OF opinion between the prosecution and
the Defendants counsel as 10 his manner,
che former holding that It indicated insanity
while the defence believed It TO be entirely
sane.
When the examination. which had been set
for o'clock in the Supreme Court, was called
Mrs Evelyn Thaw and the DEFENDANTS two
brothers. Josiah and Edward, were in court.
Mrs Thaw looked even worse than on Wednes-
dav Il was learned that the family is in grave
fear that she may collapse at any moment, and
VIXEN she went downtown she was accompanied
BY Miss May Mackenzie. Hereafter she VIII
always be accompanied by an escort
MCLURE MADE CHAIRMAN
The commission met in chambers before the
public hearing. and David Mcclure was decided
on as chairman. When il went to the court
room Mr.. Mcclure took the seat usually used by
Justice FitzGerald. with Mr.. Olney on his right
and DR.. Putzel on his left.
Thaw was brought in by the deputy sherih
who escorts him TO and from court, but instead
OF sitting at the end Of the table where he usu-
ally sits seat was provided for him inside the
Enclosure between HIS counsel. Mr.. Hartridge
and Mr.. GLEASON He chatted with them. read
various legal documents which were handed to
him. and while argument was on, appeared to
listen with great interest.
Chairman Mcclure opened the proceedings by
asking Clerk Penny to read the order OF Justice
FitzGerald appointing commission. Mr. Penny
not only read the original order. but the subse-
auent one as well. in which was noted the dec
rnation Of Morgan J. O'Brien and the appoint
Enent Of David Mcclure. Then the chairman
called for the appearances OF counsel, and Mr..
Eartridge, as attorney OF record for the defend
ant arose and named them. Il was noted that
he did not mention the name OF Henry Clay
McPike. the partner OF Mr.. Delmas although Mr..
McPike in the afTidav!ts offered last week, put
himself in that category.
EXAMINATION IN PRIVATE.
what does the defendant desire?" asked Mr..
Mcclure
"He desires 10 be examined in any way the
commission wishes" replied MF. Hartridge. "He
Is willing 20 submit 20 any examination your
honor may determine Is necessary, but desire
e say that he Is OF the opinion that his exam
tlalon snOQlo De IN private
Nr. Mcclure replied: THE commission does
not wish any examination OF the defendant 20
be IN public Il believes that only those who
should be present are the District Attorney and
his assistant counsel for the defendant and the
court officers
Mr. Jerome made objection 70 such procedure.
He argued at great length against II. ''The
District Attorney" he said. 'is unwilling 20 take
part in any examination as offered by the de-
fendants counsel You gentlemen are sitting as
judicial officers to determine the facts as given
and not examining officers. ! decline 20 enter
into examination that line. We have, I
am sorry 70 say. ten or twelve OF these commits
sions year. and cannot appear in such pro-
oeeding"
Commissioner Olney. who had been silent up
70 this time. looked at the District Attorney in
anazement and said: do you mean. Mr.. Dis
fEict Attorney. that you decline TO attend the
hearings Of the commission? The statute says
that you must attend"
Mr Jerome was evidently taken aback. He
hesitated, and finally said: "I do not intend to
taii 20 appear your honor. The statute. as you
rightly say. says must attend the sessions
and viii. but not the examinations. unless I
desire"
TO HASTEN INQUIRY
Chairman Mcclure interposed TO smooth out
have the examinations as summary as possible,
and for that reason Il desires 20 examine the
defendant to-day, and. again for that reason, 1t
VIII continue Saturday morning its sessions.
Il possible"
Mr. Jerome did not give up his objection. but.
with the permission OF the commission. argued
T. He said: THE only examinations the Peo-
pies experts were allowed 20 make OF this de-
tendant were in the form OF observations IN
court We took testimony and at last hypo-
theticai question put Eight gentlemen
testified then 10 the condition OF the defendant
az the time OF the homicide as FAR they were
allowed. Then they advised me privately that
the defendant was OF unsound mind and unable
20 advise with his counsel and on that basis I
deemed IL my duty 20 lay those facts before
The court. Now. those experts have had little
chance TO examine this defendant. Their testI-
mOny win be OF small value unless we put in
evidence the facts upon which they based their
opinions. Drs. Deemar and Bingaman could be
brought on here az the cOunty's charge Now,
what I want % ask Is that your honors allow
before you the testimony In this trial up 20 the
time Il halted. Provided Il Is not allowed, I
do not know Just what can do TO lay Il be-
fore your honors. The testimony OF these ex-
perts WIN be OF little value unless ave can Rrs,
produce their testimony IN evidence here"
Chairman Mcclure did not take the view u an.
and curtly replied: ''The view ot the commits
son Is not 20 60 90 the extent ot trial court.
The statute says that we are 20 see II at the
time OF the investigation. and &C that time
alone. the defendant is insane. and we want 10
limit the scope OF the investigation as much as
possible. The investigation ought 90 be sum.
mary and as brief possible. we win dis
Pose o. this matter as quickly as we can"
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