New-York tribune., 1907-03-27
TO TEST THAW'S SANITY
ORDERS INQUIRY.
APpOints Morgan j. O'Brisn, p. B.
OlHey and DIR. PutzeI c Commissioners.

poned The commission. consisting OF thres
members. is composed OF two well known law
yers and equally we'll known physician The
members are ex-Justice Morgan J. O-Brien. Peter
B. Olney and DR.. Leopold Putzel. The personnel
oS the commission was gratifying 70 both tho
District Attorney and to the counsel for the de-
fence. although the latter much peTturbed
at any commission being appointed
The announcement Of the appointment came
In an unexpected manner in the afternoon. u
had been anticipated that Justice FitzGeralt
would make no decision until this morning. when
the jury will meet again in the criminal branch
Of the Supreme Court He went to his chambers
in the court in the afternoon, however, and
shortly afterward sent for counsel on both sides
and Mrs. Evelyn Nesbit Thaw. Reporters were
excluded. as the rooms were too small to ac-t
cOnmOdate them.
Justice FitzGeraId told the counsel that hs
had received two sets OF ah1davits. They cOn-l
ficted strongly. he said. that he felt cOn-
PEELED to place the matter in the hands OF q
commission. he did not think it was at an
within his province to pass upon the condition ot
mind Of the defendant. He said that the matte-I
had been left to his conscience. and the only
way out OF the predicament to appoint the
commission and have the question whether Tha<
was sane not decided once and for all.
WIFE WEEPs AT DECISION.
The decision Of the court came as a great
blow to young Mrs. Thaw. While. with two
very brief exceptions. she has maintained her
nerve under the strain Of the weeks OF trial.
yesterday she broke down completely. She was
led out by counsel and the two brothers OF the
defendant. sobbing bitterly. She was led down,
the stairs and to the Tombs where she told her
husband the news. She still crying as she,
met him. and he put his arms about her. Thaw
evidently had some inkling Of what had taken
{
Don't you mind. dear. I will be declared
sane"
Mrs. Thaw remained with her husband for
some time until she had recovered Dolphin
NJ Delmas was waiting outside for her. He es-
tabshed new custom for lawyers in New
York. as he drove to the Tombs in an open
/ barouche with coachman in livery. and by the
time Mrs. Thaw was ready to leave there was
large crowd about They drove down together
+ 20 Mr.. DeInas's office for a conference
District Attorney Jerome was delighted ac
the decision He has contended from the very
/ first day OF the trial that IL should be deter
/ mined whether or not Thaw is sane at the pres
/ ent time. He said he did not know whether the
investigation OF the commission would be pub
lie or not. In all probability it will be public.
| as the prosecution Is known TO favor that
I course. The three members VIII probably meet
I this morning when the court cOnvenes. and VIII
take the oath. which is similar to that adminis-
/ tered TO referees in civil cases. A conferences
/ viii probably be held with the court and coun-
sci, and then the commission Will map out its
/ work
| QUICK DECISION PROBABLE
/ All three OF the members OF the commission
are exceedingly busy men and it is believed they
will push their investigation with all due speed
A conservative estimate OF the time they viii
take TO reach decision is ten days The COM
| mission, II II desires. can proceed under the
rules OF law and evidence without regard to
/ them at all The widest latitude is given In
conducting such examinations
/ There is only one appeal that can be taken
/ from the commissions report. II the court de-
sires. it has the right to qUash its findings There
is possibility OF a minority report IL one men,
her disagrees with the others. in which case ths
court could accept the minority report If It de-
sired and ignore that OF the majority
/ \ case OF this sort occurred in 1884. when ons
RhineIander was tried for murder. He was ex-
amined before a commission and majority and
minority reports were handed to Recorder
smyth. who was trying the case. The majority
/ report said that the defendant was not sane
enough to be tried. The minority report salf
that he was sane, Recorder Smyth quashed tho
majority report and accepted the minority. re-
port and Rhineander was tried.
| The prosecution is OF the opinion that Thaw wiIL
be forced to submit to both mental and physical
examination whether he desires il or not. In or
der TO do this it is said. the commission, ie
/ Thaw objected. could report 20 the court ana
/ the court could order the examination under
force. There is thought to be little doubt how
ever that Thaw will submit TO anything tbs
/ commission desires
DEFENCE STAGGERED.
The counsel for the defence were 50 complete
Iy nonplussed at the turn Of events yesterday
/ that future action was not even considered
| One OF the counsel. on leaving Justice Fies-
was heard TO say:
/ Its the worst thing that could have hap
/ pened."
/ opinion. although clifford W Hartrfdge. the at
tOrney of record said: Now thar the decision
has been rendered. TO be frank with you be-
| lieve I would have done the same thing had
| been in Justic FitzGerald's place. OF course
| he cannot understand the hrmness OF the beIiac
/ OF Thaw's counsel. who have been in both oral
| and written communication with Thaw daily
| that the prisoner is In saying this speak
/ Cor all Of the members OF the counsel for tho
/ defence
| Justice -FitzGerald made his order for the
commission under Section COS Of the New YORK
/ Penal Code. which reads as follows:
| When a defendant pleads insanity, as descrfhal
IN Section SS5. the court IN which the indictment
- - .e-i es etl4 @
/ the Indictment may, appoint commission OF not
more than three disinterested persons 70 examine
him and report TO the court to his sanity az fns
/ time OF the commission OF the crime = 80
I If defendant IN confinement, under Indictment.
Tie;ion insane the Court IN which the ifie,rSSsnS,
is pending unless the defendant Is under sentence