The daily morning journal and courier., 1907-03-29


 and went into lengthy explanations of some of the notes ne had addressed to Mir. Delmas while his trial was in prog ress. These notes and letters were made part of the affidavit filed by MT. Delmas with Justice Fitzgerald when Thaw's counsel were opposing the ap- pointment of a commission.
 Thaw's examination was not conclud- ed to-day and he will again appear be- fore the commission when 1t meets Sat urday morning, no session being soRled- uled for to-morrow-Good Friday. The Saturday session also will be held be- hind closed doors.
 The commission had not determined to-day whether or not a physical ex animation of the defendant would be necessary. There was an animation, however, that the men who are to re- port as to Thaw's present condition would content themselves with an ob servation of him during his mental ex- animation. One of the members of the commission is a physician and an ex- pert in mental diseases, Dr. Leopold Putzel. If the commission should de- eide that a physical examination is es- sential Dr. Putzel probably will make | it. The commission may or may not allow the experts for the state and for the defense to be present at such time.
 The commission began it's general in- quiry to-day with an open session, call- cd to order shortly after o'clock in the room where the Thaw trial has been in progress since January 23. i David Mcclure, the chairman, was the | first to enter the court room and took | the middle chair of the three arranged on the bench. Peter B. Olney,a the sec ond member of the commission, follow ed and was seated at Chairman Me- | Cures right Dr. Putzel took up his position at the chairman's left
 Hardly had the commissioners seated themselves when Thaw appeared. He was directed to chair within the in- ner council rail, and sat directly be- meath the eyes of the men whose de- cision as to his present mental capacity is of such vital import to him. Thaw appeared to be in excellent spirits, and sat unflinchingly under the steady gaze they turned upon him. In the big court room there were only the news paper reporters and three of the pris- oners family-his wife, Evelyn Nesbit Thaw, who has never missed an op- portunity to be near him since he was placed on trial, and his two brothers, Edward and Josiah Thaw Mrs. Thaw sat between the brothers.
 After the session had been opened ! formally oy the reading of the courts order, Clifford w, Hartridge, acting as counsel of record for Thaw, arose and told the commission that his client was ready at any time to submit to such examination as the commission desired. His only request was that the hearing should be private,
 Being prisoner on trial for his life" said MT, Hartridge, "he feels he should be protected as far as possible in this matter"
 Chairman Mcclure then announced that whatever examination of Thaw the commission might decide upon would be held behind closed doors. l District Attorney Jerome protested. IIN Setlu llC WOulu llhC lO IidN6 HIS IliGl- ical advisers present. He had called the courts attention to Thaw's mental state upon reports submitted to him by q the alienists, and he felt their pres ence was essential. Mr. Jerome re- marked that if the commission resolved itself into body of medical examiners, and undertook physical examination of the defendant in private, he would not attend such an examination.
 But the law requires you to attend the sessions of' the cimmission, sug- gested Chairman Mcclure.
 3 "I shall attend all sessions of the commission sitting as judges in luna cy," remarked MT. Jerome, "but am not required to attend board of medi- cal examiners"
 It was after this colloquy with the district attorney that the commission decided to proceed at once with Thaw's mental examination and the court room was cleared. Once during the two hours which followed the district attorney came outside. He was piled with questions as to how the examina- tion is progressing, but he would make no direct reply. His absence was taken to indicate that the commissioners were conducting their own examination according to plans previously agreed upon among themselves.
 Thaw's attorneys, while they would not discuss the proceedings before the commission, pointed with a show of en- thusiasm to the duration of to-day's