Omaha daily bee., 1907-03-29
THAW UNDER EXAMINATION
Slayer Of Stanford White Questioned for
Two Hours BY Lurasy Commission.
HEARING HELD BEHIND CLOSED DOORS
Jerome's Experts Excluded Despite
His Emphatic PrOtsst-Thaw's
Lawyers Pleased with
Days work.

running nre OF questions from. the three
men appointed by Justice Fitzgerald as a
commission in lunaey to determine his
present state OF mind The examination
was conducted behind closed doors and
when a few minutes before o'clock this
afternoon an adjournment was taken until
10 o'clock Saturday morning, no one at the
hearing would discuss the details. Thaw
went willingly and confidently before his
judges, and when the two hours secret
session wRs concluded his attorneys ap-
peared with smiling faces and declared
they we're more than satisfied with the
course Of the proceedings. District At
torney Jerome hurried away from the
criminal courts building declining abso-
lutely to say one word about the commits
slons work
Scope of Inquiry Limited.
The most important feature OF the day
was the decision of the commission to limit
the scope of its inquiry to the exact Ian
guage OF the statute-to determine solely
the question as to whether or not Harry
X. Thaw is able today to understand the
nature Of the court proceedings against
him and is able TO advise his counsel In a
rational manner. District Attorney Jerome
announced to the commission that all the
legal experts he had employed in the case
had advised him that Thaw was suffering
from a typical case of paranoia--a disease
Of the mind in which the recoveries are
limited to 2 or 3 per cent. He offered to
adduce testimony to support this state
ment but the commission waived Il aside,
saying the purpose Of the inquiry was a
very simple one and had to do not with
any classification Of mental disease, but
with the prisoners present state of mind
as judged by laymen
In laying down this decision the commits
sion confronted the district attorney with
the very position he has maintained in
putting Thaw on trial for his life. Mr..
Jerome contends Thaw was suffering from
paranoia on the night OF June Is last
when he shot and killed Stanford White,
but he added that paranoiacs often have
knowledge of what they are doing and
that Thaw knew the nature and quality of
his act in killing White and knew that the
act was wrong. Thus, while medical ex-
perts may determine today that Thaw Is
still suffering from paranoia, the question
to which the lunacy commission had ad-
dressed itself deals solely with Thaw's
knowledge as to the proceedings against
him and his ability to advise his lawyers.
JerOme's Protest overruIed.
The commission got under way with a
rush this afternoon and plunged at once
into the personal examination of the de-
PENDANT. District Attorney Jerome pro-
tested at first that he was not able to pro-
coed, saying he would like to have his
medical advisers present He finally stated
he would have no objection to the examina-
ton going forward providing he was per-
mitted to reserve his cross examination
question of experts by excluding them from
the room, along with everyone else, except
the defendant and his counsel the district
attorney and Assistant District Attorney
Garvan AS to the cross examination by
the district attorney the commission said
the matter would be taken up when 1t was
reached
1t is stated that during most of the two
hours Thaw was before the commission the
notes and letters he has written to his
counsel since the trial began were under
consideration. TO put Thaw thoroughly at
ease the commissioners addressed their
questions to him in conversational tone
and in casual manner, as though he were
in conference with them, asked him from
time to time to explain incidents in the
! trial which had called forth certain Of the
letters placed before the commission by
Thnw's attorneys. 1t was said that Thaw
answered the questions calmly and went
into lengthy explanations OF some of the
notes he had addressed to Mr. Delmas
while his trial was In progress. These notes
and letters were made a part of the af-
idavit filed by Mr.. Delmas with Justice
| Fitzgerald when Thaw's counsel were OPP
posing the appointment q commission.
No Session Friday.
| Thaw's examination was not concluded
] today and he will appear again before the
commission when It meets Saturday morn
ing, no session being scheduled for tenor
row-Good Friday.
The Saturday session will be held behind
closed doors. The commission did not de-
termine whether or not physical examina-
ton of the defendant would be necessary
There was an intimation however, that the
men who are to report as to Thnw's pres
ent condition would content themselves
with an observation of him during his men
tai examination One commissioner, Dr.
Putzei. Is a physician and an expert in
mental diseases. II the commission should
decide a physical examination is necessary
DR. Putzel VIII probably make II.
The commission began its inquiry today
by an open session. called to order shortly
after o'clock, Ia the room where the ThaW
trial has been In progress since January 20
Thaw appeared to be In excellent spirits and
sat untiinchingly under the steady gaze the
commissioners turned upon him In the big
court room there were only the newspaper
reporters and three Of the prisoners fam
lily, his wife. Evelyn Nesbit Thaw, who has
never missed an opportunity to be near
him since he was placed on trial, and his
two brothers. Edward and Josiah Thaw. .
Clifford W.. Hartridge, acting as counse
Of record for Thaw, stated to the commits.
sion that his-olient was ready at any time
10 submit TO such examination as the com.
mission desired. His only request was thai
the hearing should be private.
Being a prisoner on trial for his life,
said Mr.. Hartridge, he feels he should b,
protected as far as possible in this matter
JerOme'a Experts Excluded.
Chairman Mcclure then announced thai
whatever examination OF Thaw the com
mission might decide upon would be held
behind closed doors. District ATTORNEY
Jerome protested. He said he would Xix,
TO have his medical advisers present II,
had called the courts attention % Thaw'i
mental state upon reports submitted 70 him
by the alienists and he felt their presenc,
was essential Mr. Jerome remarked tina
II the commission resolved itself into