The Rich Hill tribune. (Rich Hill, Mo.) 1903-1911, 1907-04-04
FACES AN ASYLUM
Judge Fitzgerald Appoints Lunaey
Commission TO Decide Mental
Condition Of Harry ThAw.
MAY NOT AGAIN FACE JURY
~ Declared Insane and IN Future
Should Regain His Reason He
Would Then be Placed
On Trial.


New York March 27.-Harry K
Thaw may level again face the jury
empanelled more than nine weeks ago
20 try him on the charge Of murder
in the first degree. Justice Fitzger-
aid Tuesday Unexpectedly ordered a
commission In lunacy to inquire into
the present state OF mind OF STAFFORD
Whites slayer. The decision Of the
three disinterested men named to con-
duct the inquiry win guide the future
action Of the court as to ordering
Thaw 70 an asylum or directing that
the trial shall proceed.
Justice Fitzgerald announced the
appointment OF the comm csion pri-
vately. In his chambers.
Moraan J. O-Brien. a former justice
OF the appellate division Of the SUI
preme court; Peter B. Olney, former
district attorney Of New York county
and a lawyer OF high legal attain
ments: DIT. Leopold Putzel. a practie-
ing physician and authority on mental
disorders we're named as members OF
the commission.
No date had been fixed for the first
meeting OF the commission. There
viii probably be some definite an
nouncemeut on this point Wednesday,
however. for the laws under which the
commissioner were appointed directs
that they proceed with thei- inquiry
forthwith. Justice Fitzgerald said Il
would rest with the omm ssion as 20
whether or not its hearings SHAH be
public. In the last case OF thts sort
In this Jurisdiction. the Inquiry INTO
the mental conditioa o. Josef.uI Ter
rauoya who killed ner auut ana
uncle. the commission 8 Inquiry vas
secret The girl was ds-litei sane
and subsequently, was acquitted -
the jury.
The Thaw lunacy commission wlll
be attended by District Attorney Jer-
ONE. The lawyers for the deferdau.
will also be present and the c0mmiH-
sion may direct and compel the atten-
dance OF any witness it tray desire IL
Is probable that Thaw Will be asked
frat Of all to submit to a rigid phys
zeal examination. haEing undergone
several OF these since his incarcera-
lion. he is somewhat nervo1s on this
subject but Il was said ay IFS Cuun-
sci that he would DO anthlng IN hla
power 10 aid the conmiss'ou wdh It's
work and that he ho91i for an early
opinion az 10 his sanity.
Thav's lawyers and 'tU defendant
himself were downc3st when ther
were first made acqua ntei with JUS
tlce FitzRerald'a decision. but al were
manifestly pleased when the later an.
nouncement as 10 the personnel of
the committee on inIvlry was made
Mr.. DelmAs IA particular declared
that Justice Fitzgerald could hardly
have selected a more generally salts
factory commissioners whose decis-
ion would command mole confidence
and respect District Attorney leV
ONE seemed pleased e tie result ~
his efforts
In announcing his o. 'is.aa 10 ap
point a commission. Justice F1ir
gerald read a vrlttea memorandum
he based his decision on zoe conflict
OF amdayits as presented by the OPP
posing sides. saying they were too dia.
metrically al odds TO permit Of a de-
cision other than Ga favor 81 au inn
partial inquiry.
As Messrs Hartridrr. U'Reiliy, Pea
body, DOlmas. Gleason aad Mcpike,
the six Thaw attorney. lea ,he
judges chambers, ono OF them vas
heard 20 remark.
m could rot be worse
Later. however. the atf1Fpcvs seem
ga 10 take a brighter view Nj Hart
ride said
We did not expect n decision Of
any sort Tuesday. much hess tire oue
that WAS rendered. We had hoped tho
trial might go on without further in.
corruption. The commission will mean
considerable delay. Now Qat the de.
clsiou has been RENDERED. however. Il
IS hard 20 see how Justice Fitnyereld
could have lone otherwise or course.
there was a conflict Of atudawts ani
lac can not understand how firmly
ThaWs counsel believe in his sacity ="
The Law under which the commits
sion was appointed Tuesday provides
that the commissioners must take
oaths as referees they must be- at
tended by the district attorney and
counsel for the defendant and may
compel the attendance of witnesses.
The statute provides that u tho com
mission finds the defendant insane
he shall be sent 10 am asylum until
such time as he may become SAN
when he shall be returned TO the Gus.
tody OF the sheriff 10 be tried Tor the
crime with which De is charged
Not Time tor Intervention.
Washington, March 2T-Mr. Creol,
the Mexican ambassador Tuesday had