The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1907-03-27

TO BE TESTED
FOR INSANITY
Lunacy Commission For liar.
ry K. Thaw
MAY GO TO ASYLUM.
Alleged Murderer Confident That
he will Be Declared
A Sane Man
MAY GO TO ASYLUM.

Thaw may never again face the jury
Impaneled more than nine weeks age
to try him on the charge 81 murder u
the first degree. Justice fitzgerald IN,
expsetedly handed down a decision or
dering a commission IN lunacy to In.
Quire into the present state OF mind OF
Stanford whites slayer. The decisesv
Of tho three disinsssskd nRn nance
TO conduct the nsAhW win -gua6a -
future action OF the court as to order.
Ing Thaw to an asylum Cor the insane
or directing that the indefinitely inter.
rupted trial for his lie shall proceed.
Justice Fitzgerald announced the ap-
pointment OF the commission privately
In his chambers. Evelyn Nesbit Thaw
was there with the lawyers. and II be.
came her task 20 break the news 10 he's
husband In the Tombs. fearful wbes
she loft the judges rooms In the crimL
nal courts building. ne young womas
who has been such a conspicuous AZ.
ure I'm the trial from FIRST 20 last was
smiling and cheerful when Thaw was
brought from his cell ~ the hospifa
ward Of the prison to meet her. Ihsw
accepted the courts decision philo.
sophlcally and once 49, b,chsed ~
had NO doubt the commission would
declare him sane man.
The personnel OF the commission
named by Justice Fitzgerald leldx a
new distinction ~ tbs apssby neuIhs-
case. The men who will deterlnins
Thaw's mental capacity are:
Morgan ]. O'Brles. q SsTmcr justiss
OF the appellate division OF the stats
supreme court
Peter u. Olney. former district attor.
ney Of New York Comfy md lawyer
OF high legal attainments.
DIR. Leopold Putzcl. a prncticins ply.
sician and authority on mental disor.
dcrs.
Former Justice O'Briss b one % Ne
trustees. with Grover csvessnd. OF -
Hyde stock In the Eauiese Lfe A..
surance society purchased by Thomas
v. Ryan just prior 10 the Insurance In.
vestigntion. when be was n candidats
for reelection 60 the bench In 1901 ne
a Democrat. Justice 0'Brien was upop.
posed. Presidest Roosevelt made q
trip from Washington 20 Oyster hay
10 cast his ballot for him.
Before being elected district attorney
Of New York county In 1881 Mr. Olney
had been n member with William &.
whitney Of the commission appointed
In 1879 10 revise the laws ~ the state
affecting public interests In New York
city. lie Is graduate Of Harvard.
Dr. Putrcl. tho third assAl-s Of ~
commission. IL q gradsss q RslIsvss
Hospital Medical school and has had a
long experience In that tn.zsltntioa. HI
IL qualified before the state medical
board as an examiner In iunacy.
No date has been aIsd for the nrst
meeting Of the commission. There
VIII probably he ssss definite an.
nouncemsnt on this point soon. how
ever. for the law under which the
commissioners were appointed directs
that they proceed with their inquiry
forthwith. Justice fitzgerald said II
would rest with the commission NJ 10
whether or not its hearings shall bs
public. In the last case OF this sort In
this jurisdictlon-th inquiry into the
mental condition Of Josefna Terrano.
Va. who killed her aunt aud uncle
the commissions inquiry was conduct
cd behind closed doors. The girl was
declared sane and subsequently was
acquitted by the jury.
The Thaw lunacy commission win Ia.
attended by District Attorney Jerome.
The lawyers for the defendant viii
also lie present. and the commission
may direct aud compel the attendance
OF any witnesses Il may desire. II IL
probable that Thaw will BE- asked FIRST
Of all TO submit 20 a rigid physical
examination. Having undergone sew.
eral OF these since his Incarceration.
he IL somewhat nervous on this sub.
ject. but Il was said by his counsel
that he would do everything in his
power TO aid the commission with its
work and that he hoped for an early
opinion m 10 his sanity.
at II NIL right. dearie." Thaw said
10 his wife. II am not afraid OF 4
commission. am 4 sane man now.
Just as sane as the judge himself, and
I am sure that any fair minded COM
naieslon will no declaro tne ("