The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-03-29

Submitted to the
Court Are Disregarded.

| sion in lunacy which is to determine his
! present mental condition will be resum-
ed tomorrow morning. The proceedings
will be in private as they were yester-
| day, at the prisoners request.
1t was learned last night that when
the commission asked Thaw to take the
| witness chair yesterday, preparatory to
| questioning him. he made a short state
ment, the purport of which was that he
| was entirely willing to be Intercepted
| but he wished the questions put to him
| in a plain way so that he could under
| stand them without trouble.
| Most of the examining was done by
Chairman Mcclure. DR.. Leopold Putzel,
| the alienist member of the commission,
asked few questions, but devoted him
self to careful observation of the pris-
oner. 1t is said that Thaw, who mani
| Tested nervousness before the court
room was cleared of reporters at the d.
rection of Mr.. Mcclure, became quite
cool soon after the examination began
and that this self-possession lasted
through the whole two hours that he
was in the witness chair.
The questions asked him were all
aimed at finding out how we'll equipped
he was mentally to consult with his
lawyers when the trial began. They
therefore had to do with the selection
of the jury and his part in that prelim-
mary of the trial and the meaning OF
Delmas during the trial. These letters
and notes are the ones Mr. Delmas In
corporated in the affidavit he submitted
to Justice Fitzgerald contending that
his client was sane.
Mr. jerome suggested that the COM
mission might take into consideration
all the testimony adduced at Thaws
trial up to the time it was interrupted.
Chairman Mcclure said the inquiry
the commission had in mind was a very
-I.afH OF
this time the defendant is capable of
understanding the proceedings against
him and of nationally advising his coun-
sci. The commission desires to limit
the scope of inquiry as far as possible.
The court, he said wished the inquiry
to be brief in order that the pending
trial might be disposed of at the earliest
possible moment. Mr.. Hartridge inter-
posed the suggestion that the defend
ants attorneys and the doctors who
have seen Thaw constantly during the
last two months should be heard by the
commission. He declared the testimony
adduced at the trial had nothing what
ever to do with the present state of the
defendants mind. Chairman Mcclure
said the commission had decided not
to take into consideration the conflict
ing affidavits submitted to Justice Fitz-
gerald by Thaw's counsel and the OPP
posing alienists as they were consider
ed as having been prepared solely for
the information of the court
When District Attorney Jerome was
asked If he was ready to proceed he
declared that he was not. His medical
advisers were not present, he explain
ed and in the absence of definite know
ledge of what the process ings of the
commission might be he had not sum-
moned any witnesses
Explaining the Importance of having
the states alienists present Mr.. Jer-
ONE said that the learned physicians
had unanimously informed him that
Thaw is suffering from a typical case
of paranoia a disease of the mind, in
which the rccoveries are limited to 2 or
3 per cent Commissioner Olney inter-
rupted Mr.. Jerome to ask If he had
any objection to the commission pro-
ceeding forthwith to examine Thaw.
Il have no objection, provided my
cross mination of the defendant
may be postponed until can consult
with my medical advisers" he replied.
I'VE will arrange as to that when
we come to it," said Chairman Nc
The court room was cleared of all
persons except the commission. the de-
PENDANT and his counsel and the dis
trfct attorney and his assistant and the
examination of Thaw was taken up in
executive session.
Dr. Evans, who made thorough ex-
of Thaw in the Tombs de-
cIared while the commission was in ex-
ecutive session. that Thaw was in
splendid condition.
Il never saw MIN looking or 1eeilng
better.' said DR.. Evans, land we are
all confident that he will be able to
satisfy the commission as to his present
sanity
The commission stated to District
Attorney Jerome. while the examina- |
ton of Thaw was under way that the |
guards in the Tombs who have had |
charge of the defendant since his in |
generation would be called as wit |
nesses.
Mr.. Jerome suggested that DR.. Allan |
McLane Hamilton should be heard. Mr.. |
protested on the ground that |
the doctor had not examined Thaw |
since early in last July. No decision |
When the commission had been N |
executive session for an hour. word /
animation of the defendant was posi-
bly, one half concluded.
The prisoners lawyers are decided
" sanguine over his manner and an
swers at yesterdays session of the
commission They believed that the
would end its work with
he examination of Thaw and that it's
ending would be that he is quite ca
Dable of comforting with them. Thaw
himself was delighted when he re-
.urned to the Tombs. His counsel
old him that he had undoubtedly con-
yinced the commission of his sanity.
AS for the prosecution, 1t felt assur-
ID last night that notwithstanding
rhaw's answers to the commissioners
question were coherent, he did not
somport himself as sane man would
nave done. The prosecution thinks
llso that DR.. Putzel is a most impor-
ant factor in the proceed ings and
hat questions he may ask tomorrow
md his scrutiny of the defendant will
nave much weight when the commits
'ion reaches its conclusions.
Thaw Feels Confident.
New York, March pa. Russell
Peabody was the first of Thaw's law
yers to call upon him at the ToTnbs +
oday- After half an hours interview
With the prisoner, Mr.. Peabody said: