The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1907-04-05
District Attorney, On Hearing Of
Finding. Vigorously opposes
It's Confirmation
TRIAL SET FOR MONDAY
Murder Case Will Be Resumed Unless
Jerome Delays Il With Appeal
to Higher Court

New York. April 4.-Harry X.
Thaw was today declared sane by the
unanimous report of the commission
In lunacy appointed to inquire into
his present mental condition.
The moment the decision was
handed down from Justice Fitzger-
aid. District Attorney Jerome was on
his feet vigorously protesting against
It's confirmation by the court He de-
clared he had been excluded from the
last session of the commission and
7 demanded to be allowed to have ac-
Eeess to the minutes and stenograph-
ic notes of what transpired at the f.
lnal mental and physical examination
of the defendant.
When Justice Fitzgerald declined
to turn the minutes over to the dis
| trict attorney. Mr.. Jerome declared
he would carry the case TO the appel
late division of the supreme court.
asking that n writ of prohibition or
mandamus be granted to prevent n
continuance of the Thaw trial until
the higher court had ruled upon the
legality of the commisslons course.
! Justice Fitzgerald reminded Mr..
Jerome that he had waived the statu-
tory right of attending the last ses-
sion of the. commission by suggesting
himself that all the attorneys be ex-
cluded from the sitting IN question.
an adjournment until Monday morn
ing In order that he might have time
to prepare his application 10 the ap-
pellate division.
Mr.. Jerome protested that the time
gerald cut him short with the an
gerald cut him short wit hthe an
nouncement that the trial must pro-
ceed to its conclusion, forthwith.
Unless Mr. jerome should secure
II writ of prohibition in the meantime
Justice Fitzgerald is expected to an
nounee on Monday morning that he
has confirmed the report of the COM
mission and order that the trial pro-
ceed without further delay. The dis
trict attorney and the counsel FOR the
defense will be heard in argument as
TO the confirmation of the report at
Mondays session If they 50 desire.
Thnw Not in Court.
Thaw was not in court to hear the
decision. The jury was also exclud-
ed and both prisoner and jurors were
out OF range of the district attorneys
dissension. All of the members of
Thaw's family, including the mother
and the wife of the defendant were
present, and their keen delight over
the announcement of the favorable
report was turned into alarm at the
unexpected attitude of the district at
torney, whose threat to take the mat
ter before the appellate division APP
peared to involve another serious de-
lay in the long drawn out trial.
The news of the commissions ver-
dict was carried to Thaw. He eX-
pressed satisfaction but not surprise.
There has never been at any time
since the appointment of the commits
sion that the defendant was not eX-
pectant of a favorable decision. He
stated today that he felt especially
lucky because 1t was the second an
niversary of his marriage.
The decision came during the af-
ternoon session and after reports.
based on significant curcumstantial
evidence had gained wide circulation
that the commission was split and
could not reach an agreement. The
two lay commissioners, David Nc
Clure and Peter B. Olney, were said
to have submitted a report declaring
Thaw sane, whereas DR.. Leopold
Putzol was asserted to have submit
ted a minority opinion that Thaw
was not wholly sane, despite the fact
that he had apparently been able to
advise lucidly with his counscs.
Justice Fitzgerald had long con-
sultation with the three commission
ers prior to the morning session and
then announced that there would be
no decision before 2 o'clock. Mean
while DR.. Putzol withdrew from the
conference and that gave color to the
report that he was at odds with his
fellow members The unanimous re-
port, therefore, came as complete
surprise