The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1907-03-29

New York, March 27.--After the
Jury which has been trying Harry II.
Thaw for more than two months past
was excused today until next Monday
morning, and the members OF the lu-
macy commission named yesterday by
Justice Fitzgerald to inquire into
Thaw's present state of mind had
been sworn IN, there came the sudden
announcement late in the afternoon
that former Supreme Court Justice
Morgan j. O'Brien, the chairman Of
the commission had resigned. In
letter to Justice Fitzgerald. Judge
O'Brien stated that upon reflection lie
was forced because Of the condition or
his health and professional engage
mnts previously entered into, TO decline
to serve as a member Of the commits
sion Justice Fitzgerald Immediately
made a new order appointing David
Mcclure, a we'll known attorney Of
| this city and a member of former po-
| lice Commissioner McAdoo's advisory
| COMMITTEES OF citizens, to I'LL the va
cancy. Mr.. Mcclure met the other
| mem bers of the commission this after
| noon and was selected as chairman.
| Later he announced that the first scts-
| sion OF the commission Will be held
| tomorrow afternoon at o'clock I'm the
| court room where the trial has been
| in progress. The commissions inquiry
| in general VIII be an open one, al
| from time to time.
| The announcement Of Justice
| O'Brien's resignation camc as @ COM
| plete surprise. When the jury reported
| in court this morning at 10 o'clock
| Justice Fitzgerald was engaged
| in his chambers with the men,
bers Of the commission whose appoint
ment he announced yesterday. These
were former Justice O'Brien, former
District Attorney Peter 3. Oiney and
DR.. Leopold Putzel.
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 the commission and the three
commissioners filed in and took their
places near the clerks desk. Harry
Thaw was brought into court and
found al! the members OF his family
awaiting him. He looked exceedingly
we'll physically and smiled O greeting
10 his mother, his wife. his sisters and
| brothers.
Justice Fitzgerald, In dtscharginI
the jury until next Monday. warned
them TO be careful not to discuss th'
case in any way or to read any news
{ paper accounts of what Is taking place
: 1t was said that in directing the jur-
: TO report next Monday, Justice Fitz
gerald did not wholly expect that tn
commission will be ready to rende
an opinion by that time. II the com
missions inquiry is prolonged, the jur
will be called into court every fe7
days in order that it may be kept in
7 tact for a resumption Of the tria
/ should Thaw be declared sane at tn
. present time.
: Following the proceedings IN cour
Justice Fitzgerald had another confer
ence with the three commissioners or
ginaIly selected and when they left TN
criminal courts building at the lunch
con hours il was announced that the
. would re-asserble at 3 p. m. At tn;
y hour Mr. Olney and DR.. Putzei put
% their appearance. Mr.. Mcclure q
. rived soon afterward and was ushg
10 into Justice F'itzgerald's chambers,
4 presence was unexplained, hoy
10 for more han an hour.