The free lance. (Fredericksburg, Va.) 1885-1926, 1907-03-28
LUNACY BOARD
FOR HARRY fHAW
Justice Fitzgerald Names Commits
sion to Examine Him,
HARD BLOW FOR THE DEFENCE

eIayer of Stanford White Took the
Decision Phlosophically and d.
cIares He Hao no Doubt Commits
sion viii Declare Him Sane-No
Date Fixed For First Meeting.
New York. March 27-Earry K.
Thaw may never again face the jury
empaneld more than nine weeks ago
TO try him on the charge of murder
in the first degree. Justice Fitzger-
aid Unexpectedly handed down de-
cision ordering commission In lun-
acy to inquire into the present state
of mind of Stanford Whites slayer
| The decision of the three disinterest-
ed men named to conduct the inquiry
Will guide the future action of the
court as to ordering Thaw to an asy-
lum for the insane or directing that
the indefinitely interrupted trial for
his life shall proceed.
Justice Fitzgerald announced the
appointment of the commission pri-
vately in his chambers. Evelyn Mes
bit Thaw was there with the lawyers,
and It became her task to break the
news to her husband In the Tombs.
fearful when she left the judges
room, the young woman who has been
such a conspicuous figure In the trial
from the first to last. was smiling and
cheerful when Thaw was brought
from his cell to the hospital ward OF
the prison to meet her. Thaw accepted
the courts decision philosophically,
and once more declared he had no
doubt the commission would declare
him a sane man.
The Commission.
The personnel of the commission
named by Justice Fitzgerald lends
new distinction to this already notable
case. The men who will determine
Thaw's mental capacity are:
Morgan J. O'Brien. former justice
of the appellate division of the SUI
preme court.
Peter b. Olney. former district az
torney of New York county, and
lawyer of high legal attainments.
DR.. Leopold Putzel. practicing
physician and an authority on mental
| disorders.
The Thaw jury reported before
Judge Fitzgerald and were excused
indefinitely. No date has been fixed
for the first meeting OF the commits
sion. Justice Fitzgerald said it would
rest with the commission as to wheth-
or or not its hearings shall be public.
In the last case Of this sort in this
juTisdictiOn-the inquiry into the men
tai condition of Joscnna Terranova.
who killed her aunt and uncle-the
commissions inquiry was conducted
behind closed doors. The girl was de-
clared sane and subsequently was
acquitted by the jury
Thaw Will Aid Commission.
The Thaw lunacy commission VIII
be attended by District Attorney Je-
rome. The lawyers for the defendant
will also be present. and the commits
sion may direct and compel the attend
ance OF any witnesses 1t may desire
II is probable that Thaw will be asked
first of all to submit to a rigid physi-
cal examination. Having undergone
several of these since his incarcera-
ton. he is somewhat nervous on this
subject but IL WAS said by his coun-
sci that he would do everything In his
mower to aid the commission with its
work. and that he hoped for an early
opinion as to his sanity.
Thaw's lawyers and the defendant
himself were downcast when they
were first made acquainted with JUS
tice Fitzgerald's decision, but all were
manifestly pleased when the later an
nouncement as to the personnel oil the
committee of inquiry was made. Mr..
Delmas. in particular, declared that
Justice Fitzgerald could hardly have
selected a more generally satisfactory
commissioner one whose decision
would command more confidence and
respect District Attorney Jerome
seemed pleased with the result OF the
dramatic appeal he made last week
TO the conscience of the court, asking
an interruption of the trial on the
ground that the defendant was In such
a mental state that he could not in
diligently confer with and advise his
counsel and did not understand the
nature of the proceedings against him.
impartial Inquiry Necessary.
| Justice Fitzgerald summoned all the
lawyers for the defendant and Dis
trict Attorney Jerome before him IN
chambers. Josiah and Edward Thaw.
brothers of the defendant and Eve
lyn Nesbit Thaw, his wife. were tele'
phoned to by the attorneys. and quick
ly appeared at the courthouse. In an.
nouncing his decision To appoint aeon
mission. Justice Fitzgerald read writ
ten memorandum which he had pre-
pared from the minutes OF the court
He based his decision on the conflict
of afTidavits as presented by the op-
posing sides, saying they were too d.
ametrically at odds to permit OF de-
cision other than In favor Of an i'm
partial inquiry.
Messrs. Hartridge and OReilly went
with Mrs. Evelyn Thaw to the Tombs.
and there in the hospital ward they
met the prisoner. This ward had been
placed at their disposal because of
the crowd in the usual consultation
room. The brothers of the defendant
did not go to the Tombs, but hurried
I'D town with the news OF the commits
sion to their mother and sisters who
were waiting in their apartments.
Thaw had OWNED the result of the
conference with Justice Fitzgerald,
and was not in the least surprised.
1T is all right. dearie," he said to
his wife. 81 am not afraid of comrlis'
sion. I am q sane man now; just as
TO EXPOSITION VISITORS