Daily press. [volume] (Newport News, Va.) 1896-current, 1907-04-05

torney's protest broke. Justice Fitz,
gerald had handed to him and to Mr..
Hartridge, of counsel for the defense.
carbon copies of the commissions full
report. 1t was from the defendants
counsel table that the nature OF the
decision first became known.
Mr. Hartridge rushed over and
whispered to Mrs. William Thaw and
to Mrs. Evelyn Nesbit Thaw. and sent
a messenger hurrying to the defend
ant with the tidings.
When the report finally fell irto
the possession of the newspaper men
it was seen to be most sweepinc
victory for Thaw. II confirmed the
reports of the excellent showing he
had made before the commission In
both his mental and physical tests.
and also indicated that the only eX-
pert testimony which the commission
had taken into consideration was that
OF the physicians who had had an
opportunity to examine Thaw and
talked with him almost daily. The
testimony of the other experts. who
answered from hypothetical bases
was declared by the commission to
~
AS TO DR.. Putzel's action in leaving
the conference today, It was stared
he did not feel it was necessary for
hi INTO remain while Messrs. Mcclure
and Olney, both of whom are law
ycrs. were going over the legal phase
of the mass of testimony adduced be-
foie the commission.
Justice Fitzgerald himself announc.
ed that the delay had been occasioned
by his examination of the testimony.
Commissions Report in Full.
The report of the commission III
full is as follows:
1--WE, the undersigned, appointed
by this court by orders dated Marcn
26, 1907, and March u, 1907, a COM
mission for the examination into the
mental condition of Harry X Thaw
and to report to the court with all
convenient speed, the facts and their
opinion as to whether at the time OF
such examination OF Harry *. Thaw
was in state OF idocy, imbecility,
lrnacy or insanity, SO as TO be In.
capable OF rightly understanding his
own condition, the nature oil l:.e
charges against him and of conduct
ing his defense in Il rational man.
ner do respectfully report: Tha
before commencing our eXaminat ton
we took the oath prescribed by the
statutes; that the commission was
organized by the selection OF David
Mcclure as chairman, William ii !.
Penny as clerk, and Bartholomew
Moynan as stenographer:- that We
were attended by tho Honorable Dis
trict Attorney Jerome, district attor-
ney for the county of New York and
counsel for the defendant, too, par
ticipating in the proceedings; the dc.
PENDANT attended in person all hear
ings and was orally and physica..y
examined; that we examined a large
number Of witnesses furnished uy
the district attorney, the counsel :.
the defense and called by the com
mission. among them were prison
physicians, chaplains, probate couri
officers, shoriffs, guards in charge of
the defendant, two of the defendants
counsel and fifteen physicians, twelve
of whom were alienists
They Received Much Evidence.
We have received in evidence
many documents and papers, includ
ing written communications from the
defendant to his counsel.
After careful examination of the
defendant personally and of all OF
the evidence, we find the following
facts:
"In the frequent anC i'll some
cases daily during the several months
just past intercourse had by the &c.
fondant with the Tombs physicians
chaplains, keepers. other attendants
and the probation officers, these per
sons failed to discover anything IT.
rational in his conduct or speech.
THE defendant has taken an ac
tive part in the conduct of the trial;
has made numerous suggestions or
ally in court and by letter as to the
selection Of jurors and the eXamina
tion of witnesses. Many of these
suggestions wore deemed valuable
and were adopted by his counsel and
examinations Of the letters referred
to shows that generally the sugges
titons contained in them were mate.
rial, sensible and apparently the
product of sane mind. While the
testimony of numerous experts call.
ed by the district attorney and inc
defense is incOntrovertible, that Civ
On by certain experts who person
ally EXAMINED tho defendant during
the trial and since the appointment
of the commission and who or ali
the alienists examined mad the great
est opportunity of observation dis
closed the fact that ma indication OF
insanity at the prcseiA time could
be found in the speech conduct or
physical condition of the defend
ant"
Thoroughly Understands His ConL.i
ton.
The direct oral and physician ex.
animation of the defendant by the
commissioner themselves disclosed;