Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-03-27
THE THAW TRIAL.


both Sizes Justice Fitzgcrald's MEM
orlndun reads:
Il 90, therefore. in pursuance Of tho
statute i'll such cases made and pro-
vidod, hereby appoint the Honorable
Morgan J. OBricn, the Honorable Pc
Ger Il. Dlncy and Leopold PutZel NJ.
D., three disintereSteG persons. q COM
mission forthwith To examine into the
n"nt2l condition of said Harry *,
ThaW and to report to the court with
Ill convenient speed the facts and their
opinions as 10 whether at the time Of
such examination the said Harry X.
ThaW was in such 4 state of idiocy. i'm
oecility. lUracy or insanity so as to be
Incapable Of rightly understanding his
condition. the nature of the charges
against him and of conducting his de-
'erce in Il rational manner
Justice FitzGcrald's conference with
|. Re attorneys this afternoon LASTED
ess than 20 minutes.
TO the newspaper men waiting out =
side the chamnrrs. District Attorney
Jerome as he emerged uttered the one
word:
Commission.
Mr.. jerome soon was followed by
Mossrs. Hartridge, o Reilly. Peabody.
Delmas. Gleason and McPike. the six
Thaw attorneys. One Of the men in this
group was heard to remak as he lcft the
chambers:
1T couldn't be worse
Later, however. the attorneys seemed
to take a brighter view of Justice Fitz-
serald's decision. Mr.. Hartrldge said:
I'VE did not expect a decision of any
sort today. much less the one that was
rendered. We had hoped the trial might
20 on without further interruption. The
commission VIII make considerable delay.
This will be particularly trying to the la
lies connected with the trial. Now that
the decision has been rendered, however.
it is hard to see how Justice Fitzgerald
could have done otherwise. or course
there was a conflict of affidavits and he
cannot understand how firmly Thaw's
counsel believe in his sanity"
Messrs. Hartridge and O'Reilly went
with Mrs. Evelyn Thaw to the Tombs
and there in the hospital ward they met
the prisoner. This ward has been placed
at their disposal because of the crowd
in the usual consultation room.
Tho brothers Of the defendant did not
go to the Tombs. but hurried up town
with the news of the commission to their
mother and sisters, who We're waiting in
their apartments. Thaw had devined the
result of the conference with Justice
Fitzgerald and was not in the least sur
priSe,i.
1T is al right. dearie," he said to his
wife. Il am not afraid of a commission
am sane man now; Just as sare rs the
judge himself. aEd | am sure that any
fairmndcd commission will SO declare
me-
The attorneys quickly withdr, from
the conference ana Thaw and his wife
sat for n long time together discussing
what the commission probably would do
When Mr.. lIIrtridge came out he de-
clarcd:
'Thr fortitude Of the boy (meaning
Thaw) astoniShrs ne sometimes. and it
certainly did today"
Later in the afternoon Thnw sent out
statement III which he said:
"Evcrythng is perfectly satisfactory To
nc. l am sure will be able to satisfy
the commission that | am sane at abe
present tire. Anything Justice Fitzger-
aid does is all right. lie has always act
ed in fair and impartial manner
The law under which the commission
was appointed today provides that the
commissioners must take oaths as refer
eos; they must be attended by the district
attorney and counsel for the defendant.
and may compel the attendance of wit
ncsSes.
The statute then proceeds:
hen the commissioners have con-
Guided their examination they must forth
with report the facts to the court with
their opinion thereon. If the commission
finds the defendant insane the trial or
judgment must be suspended until he be-
comes sane, and the court, il it deems
his discharge dangerous to the public
peace or safety, must order that he be, in
the meantime. committed by the sheriff
to a state lunatic asylum, and upon his
becoming sane. he be re-delivered by the
of the asylum to the sher-
if.
when received into an asylum he
must be detained there until he becomes
written notice of the fact to a Judge Of
the supreme court of the district in which
the asylum is situated The Judge must
require the sheriff without delay 10 bring
the defendant from the asylum and place
him in the proper custody until he is
brought to trial, Judgment or execution
as the case may be, or be legally dis
charged
While the law merely prescribes any
state asylum, it is generally the custom
to send all persons charged with crime
to the asylum at Matteawan for the
criminal insane
The court directs what compensation
shall be paid to the members of lunacy
commission. There are no limitations
upon him and the cost is paid by the
county.