The Lake County times. [volume] (Hammond, Ind.) 1906-1933, 1907-03-28
Declines to Serve on the Conn
mission TO Test Harry
Thaw's Sanity.
ACT COMES AS A SURPRISE
Pleads Poor Health and Other Pre-
vious Engagements.
Judge Promptly Appoints David Nc.
Clure, Who, Accepts, and
the Examination viii Be
at Once Begun.

New York, March %. - After the
jury which has been trying Harry k.
Thaw for more than two months past
was excused until next Monday morn
ing, and the members of the lunacy
commission named by Justice Fitzger-
aid to inquire intoThaw's present state
Of mind had been sworn in, there came
the sudden announcement that ex-Su-
preme Court Justice Morgan J. O'Brien.
the chairman Of the commission, had
resigned. In letter to Justice Fitz-
gerald Judge O'Brien stated that upon
reflection he was forced, because Of
the condition of his health and pro,
fessional engagements previously en-
tered into, to decline to serve as
member of the commission.
Judge Fills the Vacancy.
Justice Fitzgerald Immediately made
new order appointing David Nc
Ciure, a well-known attorney of this
city, and a member of ex-Police Com
missioner McAdoo's advisory commit
tee of citizens, to fill the vacancy. Nc
Clure met the other members of the
commission and was elected chairman.
Later he announced that the first ses,
sion of the commission will be held
this afternoon at 2 o'clock in the court
room where the trial has been in
progress. The commissions inquiry in
general will be an open one, although
there Will be executive sessions from
time to time.
O'Brien's Resignation a Surprise.
The announcement of Justice
O'Brien's resignation came as n com
rJete surprise. When the Thaw jury
reported in court Justice Fitzgerald
was engaged in his chambers with the
members Of the commission whose ap-
pointment he had announced. Justice
fitzgerald administered the oath Of
Office to the commissioners and talked
with them concerning the case and
their duties in connection with the
inquiry they were about to undertake.
The interview lasted for more than al
hour, and then Justice Fitzgerald con-
venod court and the three commissions
ers filed ia, and took their places near
the clerks desk. Harry Thaw was
brought into court and found all the
members of his family awaiting him.
He looked exceedingly well physically
ard smiled a greeting to his mother,
his wife, his sisters and brothers.
O'Brien Present at First.
Justice Fitzgerald in discharging the
jury until next Monday warned them
to be careful not to discuss the case
II any way or to read any newspapers
accounts Of what is taking place. Fol-
| lowing the proceedings in court JUS
| tice Fitzgerald had another conference
with the three commissioners original
ly selected, and when they left the
criminal court building at the luncheon
-FOUR it was announced that they would
reassemble at 3 p. N. AT that hour
Olney and DR.. Putzel put in their ap-
pearance. Mcclure arrived soon aft
| eIward and was ushered into Justice
Fitzgerald's chambers. His presence
was unexplained, however, for more
| than an hour.
Will Begin This Afternoon.
! Then came the announcement Of
Judge O'Brien's resignation and the
| appointment of Mcclure as his sue
| cessor. Mcclure, Olney and Putzel
conferred for some time, and finally
announced that their first formal ses-
sion will be held this afternoon and
would be open to the public. The com
mission hopes to get under way with
out any delay whatsoever, and will
press the inquiry to the speediest pos
| sible conclusion.