The Norfolk weekly news-journal., 1907-04-05
COMMISSION DECIDES THAw is IN
HIS RIGHT MIND.
THE TRIAL NOW TO PROCEED
VERDICT is UNANIMOUS, 1T is
SAID IN NEW YORK.
REPORT is NOT MADE PUBLIC

The Commission In Lunacy Which Has
Been investigating Mental Condition
of Harry Kendall Thaw Says That
He is in Right Mind.
New York, April 4.-Harry X. Thaw
was declared sane by the Iunacy com.
mission at late hour today.
The report has not been made pub
lie, but IT is said to be unanimous.
The trial of Thaw for the murder of
Stanford White will now proceed.
New York, April 4.-Harry Thaw,
slayer Of Stanford White, either will
be officially proclaimed insane and or
dered sent to state asylum or his
trial will be resumed before Justice
Fitzgerald upon the finding of the
Mnacy commission that the defendant
10 at this time capable of rightly I'M
derstanding his own position. Of ap-
preciating the nature of the charges
against MIN and of nationally advis A..
with mis- counsel. The commis u
completed it's work and is ready
report to Justice Fitzgerald. Thaw
underwent a thorough mental and
physical examination for more than
two hours yesterday afternoon. In
this last crucial test he was entirely
alone BEFORE the commission, even
the district attorney and members
of his own counsel being barred.
When the three members of the com
mission-David Mcclure, Peter B.
Olney and DR.. Leopold Putzel-had
completed their final examination
they shook hands with Thaw in
most cordial manner. He went back
to his cell with a light heart and de.
clared later to his counsel that he
felt the commission would surely de.
clare him sane. The attorneys shared
their clients optimistic view Of the
situation. District Attorney Jerome
would not commit himself in any way.
Thaw's counsel declared they were
ready to proceed with the case. and
believed Mr.. Delmas might begin his
summing up address before noon. In
that event, they said, Jerome would
address the jury on Friday and yer.
dict might be expected before the
weeks end There is little or no like.
lihood that the report of the commits
sion ever will be made public. II
the decision favors Thaw, Justice Fitz'
gerald will merely order the trial to
proceed without any reference whatso'
ever to the interruption which began
two weeks ago. Should the decision
be against Thaw, Justice Fitzgerald
would have to quote but briefly from
the formal finding of the commission
in his order committing the young
man to an asylum.
II committed, Thaw would have to
remain in the asylum until declared
zane by the superintendent OF the In
stitution. Then he would be brought
here and tried again. The last pub
lie session of the commission was held
yesterday morning, to hear the testi'
smony Ut two more alienists. Dr. DEF.
fendori of Middletown, Conn, for
the prosecution, and DR.. Charles G.
Wagner of Binghamton. N. Y, for the
defense. Dr. Dieffendorff gave an AGA
demic decision, based on assumed
facts and writings of the defendant,
and declared that Thaw was incom'
potent. DR.. Wagner said he had
talked with the prisoner almost daily
for nearly two months and has been
unable to find anything upon which
10 predicate an opinion of mental I'M
soundness at this time. He was not
willing to go on record, however, as
specifically declaring Thaw to be In
every sense a sane man. He said he
had not sufficient facts before him. or
sufficient time in which to reach so
positive a conclusion. DR.. Wagner
repeated many Of his recent CONVEX
eations with Thaw, and gave the de-
PENDANTS idea of his predicameit.
Thaw declared that he realized his po-
sition today was serious. He thought,
however, his attorneys had made such
good progress during the trial that
he was In a much better position than
when It was begun. He said he had
no delusion now that his act was an
act of Providence.
h,o,,in. Nraans n aunor Annual