The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-03-28
ANOTHER DELAY
IN THAW INQUIRY
Former Supreme Court Justice
Morgan 0'Brien Declines to
Serve Upon Commission.
DAVID MCCLURE is CHOSEN
JURY EXCUSED UNTIL NEXT
MONDAY.

view 1OTks MdTcn Za.-AfleT lue jury
which has been trying Harry x. Thaw
for more than two months past was
excused today until next Monday morn
ing, and the members of the lunacy
commission named to inquire into
Thaw's present state of mind had been
sworn in, there came the sudden an
nouncement that former Supreme Court
Justice Morgan ]. O'Brien, the chair
man of the commission, had resigned.
In a letter to Justice Fitzgerald, Judge
O'Brien stated that upon reflection he
was forced, because of the condition of
his health and professional engage
ments previously entered into, to de
cline to serve as a member of the COM
mission.
Justice Fitzgerald Immediately made
a new order appointing David Mcclure,
well known attorney of this city and
a member of former Police Commits
siOneT McAdOO'S advisory committee of
citizens, TO fill the vacancy. Mr.. Nc
CiUre met the other members this aft
ernoOn and was chosen as chairman.
Later he announced that the first ses-
sion Of the commission will be held to-
morrow afternoon at o'clock. The
commissions inquiry in general will be
open, although there will be executive
sessions from time to time.
All Hands Surprised.
The announcement of Justice
O'Brien's resignation came as a COM
plete surprise. When the jury reported
this morning at 10 o'clock, Justice Fitz-
gerald was engaged in his chambers
with the members of the commission
appointed yesterday. These were for
mer Justice O'Brien, former District
Attorney Peter b. Olney and DR.. Leo
pold PutZell
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 an
hour, and then Justice Fitzgerald con-
vened court. Harry Thaw was brought
in and found all the members of his
family awaiting him. He looked eX-
ceedingIy well physically.
Jury Let Go Until Monday.
Justice Fitzgerald, in discharging the
jury until next Monday, warned them
TO be careful not to discuss the case in
any way or to read any newspaper ac-
counts of what is taking place. 1t was
said that in directing the jury to report
next Monday Justice Fitzgerald did not
wholly expect that the commission will
be ready to render an opinion by that
time. If the commissions inquiry is
prolonged the jury will be called into
court every few days in order that it
may be intact for a resumption of the
trial, should Thaw be declared sane.
Following the proceedings in court
Justice Fitzgerald had another confer
with the three SCfnynrC
originally selected, and when they left
the criminal courts building at the
luncheon hour it was announced that
they would reassemble at 3 p. m. At
that hour Mr.. Olney and DR.. Putzell
put in their appearance. Mr.. Mcclure
arrived soon afterward.
His presence was unexplained, how
ever, for more than an hour. Then
came the announcement of Judge
O'Brien's resignation and the appoint
ment of Mr.. Mcclure as his successor.
The commission hopes to get under
way without any delay whatsoever,
and will press the inquiry to the speed
lest possible conclusion.
o'srien's Resignation.
Along with his order appointing Mr.
Mcclure as a member of the lunacy
commission, Justice Fitzgerald gave
out the text OF former justice - Brlen'
letter of resignation, which follows:
My Dear Justice Fitzgerald: When
you honored me by asking me to con-
sent to become a member of the COM
mission in re Thaw and suggested that
by so doing / would be rendering a
public service, / acceded to your re-
quest notwithstanding my disinclina-
ton to again assume public duties.
Upon reflection, however. / am re-
luctantly forced to the conclusion that
in view of the present condition of my
health and of professional engagements
previously accepted, and involving OBJ
legations to others which / cannot
evade, l must decline the service much
as regret this decision.
IN arriving at this determination /
assure you that have not underyalued
the Importance to the public of the
service which you have so kindly re-
quested me to. undertake, and my con-
clusion has been reached only after
careful consideration of the present
condition of my health and other OBJ
legations previously assumed by me.
with sentiments of esteem and ap-
prec;ation of your expression of conf
dence, / remain, gratefully yours,
MORGAN J. O'BRIEN."