Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-05

Iii 'ision for writ of prohibition tol
prevent the trial proceeding.
Justice Fitzgerald said that i'll the pres
err; state OF the case Che did not deem
ii to be his duty TO allow either side ac-
cess TO the minutes Of the commission III
limacy.
y have a right in this matter. fairly
shouted Mr.. Jerome. II had the right by
the statutes to atterd every session Of
the commission. am willing to TaiTa
the fact that ! was barred. if the defence
will agree that l shall see the minutes
rs your honor persists in everything my
motion. | will have to ask. with all re-
spect to the court. that | be allowed
reasonable time TO consider the legal as
pect:, Of the case to zee il they ar" Such
a. would Justify me i'll applying 70 the
appellate division OF the supreme court
for Il writ Of prohibition forbiddin.; the
continuance of this trial until d higher
court mas ruled in this matter
justice Fitzgerald said the commission
RAD directed that its minutes be kept Sc
cret ard he felt he must comply with
the request.
Il then m;st ask for Il reasonable ad
MY AZ, lication for relief to the appellate
division. I will apply either for a writ
Of prohibition or of mandamus or for
what other relief | find necessary. / re-
clrd thu precedcEts set by this proceed
ing to he of such an important nature
that it seems to me | must have hiSne.'
court PASS Upon the NATTER
MI Jerome finally asked that he at
least be allowed to have copy of the
remarks he made at the opening ses-
sion Of the commission in suggesting
the examination Of the defendant by
the commission in private. He said
these remarks We're most material 10
, his future course Of action. He asked
that the commissions order sealing its
minutes be modified to this extent at
least.
The district attorney had hardly
made this motion before he Withdrew it,
'1u make the record explicit" he
| said. II now formally make the mo-
ton that | be allowed to inspect all
| TIC papers transmitted to the court by
| the lIinacy commission and that | be
| allowed further to examine the tram
| script Of all the testimony taken before
the said lunacy commission.
| Guided by the statutes as | under
stand them" said Justice Fitzgerald
| "the motions are denied
Then | may have time to prepare
| lay appeal to the appellate division be
| fore YOU confirm the report ques-
| toned Mr.. Jerome.
| Il will discharge the jury until next
Monday morning" said the Judge.
Put your honor will see ----- a2ic
| My. Jerome protestingly
u cannot grant YOU any more tins
| than that" said Justice Fitzgerald
| "This case must be disposed of.
The jury was called in and form3l lily
discharged until Monday. ThaW Was
| brought into court for this ceremony
anu Wa the recipient Of coneratuI5-
| tiuns ~ his counsel ana his family.
Court adjourned without further an
nuuncements from counsel Mr.. Jerome
declined to say what his immediate
| course Of action would be. II is pre-
| Sumcd. however. that he will make hi!
| application to some justice of the ap-
| pellate division tomorrow or saturday
| The report Of the commission in full
| was as follows:
| Ne. lne ullueISlSlltu- SiptOlHltu ny
this court by orders dated March 20
1907. and March -. 1907. Il commits
sion forthwith to examine into the
mental condition Of Harry X. ThaW
and to report to the court with al
convenient speed the facts and theiI
opinion as to whether at the time OF
such examination Harry Is. Thaw Wa
in q stat Of idicr, imbecility. lunacl
or insanity 50 as to BE- incapable "i
| rightly understanding his own Condi
ton. the nature of the charges against
him and Of conducting his def"ncr il
4 rational manner. 20 respectfully re-
port
THAT before commencing our eN-
.tninati"n W" took ne oath prescribed
by the statutes.
That the commissions w;tS organized
by the selection ri David Mcclure ii.
chairman. William /. Penny as clerk
ard Bartholomew Moynihau a. stenog.
rapher