The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-03-27
Appointees Well Known.

Appointees Well Known.
The commissioners appointed by jus
tice Fitzgerald are Morgan J. O'BTien,
former justice of the appellate division of
the supreme court: Peter 3. Oney, for
mer district attorney of New York coun-
tN and a lawyer of high legal attain
ments, and DR.. Leopold PutZel a prac-
ticing physician and authority on mental
disorders Former Justice o. Brien is one
of the trustees with Grover Cleveland Of
the Hyde stock in the Equitable Life As
SuTance society purchased by Thomas 7.
Ryan Just prior TO the insurance inveSti-
cation. When he was a candidate for re-
election to the bench in 1901 a. Demo
crat Justice O'BTien was UnOpposed.
President Roosevelt made a trip from
Washington TO Oyster Bay to cast his bal
: lot for him.
! Before being elected district attorney of
New York county in 1883 Mr.. Olney had
been member with William G Whitney
of the commission appointed in 1889 to re-
I wise the laws of the state affecting pub
I lie interests in New York City. He is a
graduate of Harvard.
! DIT. Putzel is a graduate of Bellevue
{ hospital medical school and has had
/ long experience in that institution. He is
qualified before the state medical board
as an examiner in lunacy.
Jury to Be Excused
The Thaw guTy was ordered last Friday
to- report before Justice Fitzgerald to-
morrow morning at 1899 O'clock Al that
hour there will be brief court proceed
IRE. the jury being excused indefinitely
W neither or not ThaW will be brought
into court for this ceremony remains to
be seen His presence viii not be neces-
sary.
No date has been fixed for the first
meeting of the commission There will
probably be some definite announcement
on this point tomorrow. however for the
laws under which the commissioners were
appointed direct that they proceed with
their inquiry forthwith. Justice F'itzger-
. aid said it would rest with the commits
/ sion as to whether or not its hearings
. shall he public. In the last case Of this
Z sort in this jurisdiction the inquiry into
F the mental condition of JOseflna Terra
nova. who killed her aunt and uncle. the
commissions inquiry was secret. The
girl was declared sane and subsequently
was acquitted by the jury.
The ThaW lunacy commission will be 1t
tended by District Attorney jerome The
lawyers for the defendant will also be
present. and the commission NAV direct
and compel the attendance Of any wit
nesses il may desire ii is probable that
Thaw viii be asked first of all to submit
to a rigid physical examination. Having
undergone several of these since his in
generation. he is somewhat nervous on
this subject but IL was said tonight by
Ills counsel that ne would DO anything in
his power to aid the commission with its
work. and that he hoped for an early
opinion 10 his sanity.
Lawyers Are Downcast.
nav s lawyers ana the QelNnGdNt Eln
/ self were downcast when they were first
made acquainted with Justice Fitzgerald's
decision. but all were manifestiy pleased
when the later announcement as to the
personnel Of the commission was made
Mr.. Delmas in particular declared that
Justice Fitzgerald could hardly have Sc
/ lected a more generally satisfactory com
misSiOn-One whose decision would com
mand more confidence and respect. Dis
trict Attorney Jerome seemed pleased at
the result of his efforts.
Josiah and Edward Thaw. brothers Of
the defendant. and Evelyn Nesbit Thaw
mis- wife, were tele6h0nsd To by the at
torneys, and quickly appeared at the
court house.
point a commission. Justice Fitzgerald
read a written memorandum. He based
his decision On the conflict of affidavits
as presented by the opposing sides. say
inc they were too diametricalIy at odds
To permit of a decision other than in IA
vor of an impartial inquiry After citing
the suggestion made in court by District
Attorney Jerome and the various affi-
davits presented on both sides. Justice
Fitzgerald's memorandum READS:
L do therefore. in pursuance of the
statute. in such cases made and provided.
hereby appoint Morgan J. O'Brien, Peter
n Olney and Leopold PutZei. NJ. D.. three
disinterested persons, a commission forth
with TO examine into the mental condition
Of said Harry X. Thaw. and to deliver to
the court with all convenient speed the
facts and their opinions as TO whether AZ
tho time Of such examination the said
Harry X ThaW was in such 4 state Of
i5socx fr1becility and iunacy insanity
- - to be incapable of rightly under
Sanding his own condition. the nature of
re charges against him and OF conduct
mo his defense in rational manner"
Decision Not Expected.
A. Nessrs. Hartridge O'Reilly Pea
hodv Delmas Gleason and McPike, the
- srhaXv attorneys. left the judges cham
80 nne of them was heard to remark:
..It could not be worse
Tstar however. the attorneys seemed to
Ia a brighter view MIR. Hartridge said
IT lid not expect a decision of any sort
..,,ls,. much less the one that was rem
Seo,eG we had hoped the trial might go
an without further Interruption. The
oon,rnission will mean d considerable de-
fsT Now that the decision has been rem
S a. however it is hard TO see how
T,stice FITZGERALD could have done other
ise of course there was conflict of
sff;da avis and he cannot understand how
sirnIv Thaw's counsel believe in his san
'SNIessrs Hartridge and O'Reily went
NTH Mrs. Evelyn Thaw to the Tombs and
there i'm the hospital ward they met the
1T i all right. dearie.'' ne said TO his
frafd of a n.