The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1907-03-29
SUDDEN shift I.
nv
IN MEMBERSHIP OF
COMMISSION
>--- (
In LunaCy in the ThaW
Case.
One Appointee Retires
and His Successor is
Named-May Re-
port Monday.

sudden shit To-Day In Jne membership |
Of the commission which is to decide |
or not Harry X. Thaw is now |
sane and capable Of advising with his |
Ex-Justice Morgan, J. O.'Brien |
who, it was expected, would be chair
man of the commission, resigned, and
Justice Fitzgerald appointed David Nc
Cure, the lawyer in his place. Then
it was announced that the first ses-
sion of the commission would be held
at o'clock tomorrow afternoon and
the hearing would be open. The res
ignation of Justice O'Brien came as
great surprise. When Justice Fitz-
gerald opened court in the morning
he was present with the two other
members Of the commission, Peter B.
Olney and DR.. Leopold Putzel. The
Jury was brought in and Justice Fitz-
gerald, in a few words excused them
until next Monday morning,
SHORT PROCEEDINGS.
The proceedings lasted only a few
minutes. Messrs. O'Brien, Olney and
Putzei sat inside the rail and looked
at Thaw with interest. He looked
brighter than at any time during the
trial. His hair. which has been shag-
ey, had been trimmed, which improv-
ed his appearance a good deal.
BACK TO THE TOMBS.
AS soon as the jury had been ex-
cused Thaw was taken back to the
Tombs. The women members of his
family were in court and he bowed to
them as he passed out. Mrs. William
Thaw and young Mrs. Thaw had ar
rived first and took seats together.
Then the Countess of Yarmouth and
Mrs. George Lauder Carnegie took
seats next to them about five minutes
later. They all seemed on excellent
terms with young Mrs. Thaw, who was
very pale and appeared to have been
crying. AS soon as Thaw had left the
court room Justice Fitzgerald haG a
talk with Mr. Jerome, Mr.. Garvan and
Mr.. Hartridge. The three then mem
bers of the commission filed into Jus
| tice Fitzgerald's chambers. They stay
ed there for nearly an hour, when i
was announced that there would be al
open session of court at o'clock. In
dustrious photographers were tolC
that the commission would sit fol
their pictures.
REPORT MONDAY.
AS Justice Fitzgerald had told th'
jury to report again on Monday 1
was surmised that the commission
would hustle things along. 1t wa
pointed out that Justice O'Brien, witt
his judicial experience. would run tn
hearings of the commission in bus
inesslike way.
When o'clock came Justice O'Bri
en- had not appeared. There were re
ports that he was on his way to tn
criminal courts building. After a wal
of over an hour Clerk William Penne
read the following letter which wa
written on the paper of the firm G
O'Brien, Broadman, Platt and Dun
ming:
LETTER OF REFUSAL
"My Dear Judge Fitzgerald d:-Whe
you honored me by asking me to col
d
mission in regard to Thaw and SUI
gested that by so doing | would b
rendering a public service, accede
to your request Notwithstanding m
disinclination to again assume publ
duties. Upon reflection, however,
am reluctantly forced to the concl
= sion that in view of the present cond
tion of my health and of profession
4 engagements previously accepted al
: involving obligations to others whic
I cannot evade, must decline I'll
service, much as I regret this dec
sion. In arriving at this determin
! tiou I assure you that have not u
. derestimated the Importance to IL
public of the service which YOU ha'
so kindly requested me to uTdertak
and my conclusion has been reachC
: tonly after consideration Of the prese
: fcondition of my health and other OBJ
:. cations previously assumed by m
With sentiments of esteem and appI
citation of your expression of con
. dence,, remain, faithfully yours,
= Morgan j. O'Brien."
As MCCLURE APPOINTED.
Dr. Attached to the letter from Justi
= O'Brien was the order of Justice Fl
= gerald appointing Mr.. Mcclure. tt
II is the order:
III "It appearing that the Hon Morg
III ]. O'Brien heretofore appointed
| member of a commission to inqui
| into the mental condition of the
| 1 fendant above named, declines
| serve for reasons shown in the lett
hereto annexed, the order herein ma
and entered on the 26th day of Marc
1907, is hereby amended by substit
ing the name of David Mcclure. who
hereby appointed In the place a
stead of said Hon. Morgan ]. O'Bri
HI otherwise said order to remain In (
III force and effect"
III There had been no inkling that
ii tice O'Brien would not serve on
Ill oapapato ootnu hafora the hara announ