The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1907-04-02

PriVasc-Not i'robAble That ANY
Witnesses VIII ha r
Tllaw,s Attorneys So Certain Of the
OUTCOME That Trey are Making
Plans for Resumption of the Trial.
New York, March 29.-The commits
sion IN ThaW lunacy, which is exam
ming the present mental condition Of
Harry X. Thaw, may finish its work
tomorrow and be ready to report to
Justice Fitzgerald by Monday. The
Thaw jury will report in cOurl once
more at 1870 o'clock Monday morning,
and it is the hope Of the presiding
Judge, as well as the commission, mat
the matter Of the Defendants SANITY
may be disposed Of By that time.
If the commission should submit a
report that Thaw fully understands
the nature Of the proceedings against
him and has nationally advised with
ais counsel, Justice Fitzgerald viii
simply direct that the trial proceed
without making public the commits
siOn's findings. If the report should
be against Thaw, Justice Fitzgorald
will announce the decision from the
bench ana if he deems the prisoners
release to be dangerous to he public
pcac" and safety, he win sign an OF,
dcT directing the confinement in soma
state hospital for the insane. pro5a-
bly, Nattewan.
Today being Good Friday. there was
no session Of the Iunacy board, and
IhaW spent a quiet day IN The tombs
preparing for d renewal Of his mental
test tomorrow morning at 10 o'cIoc
The session OF the commission at that
hour again viii be private and tn J.
viii be no public hearings at all I'M
less The commission decides 70 call wit
neS3eS, other than the defendant. It
was reported to be extremely I'M
likely that any witness will be exam
ined There is Just = possibility that
several of the door keepers in the
tombs will be called to give an opinion
as to Thaw's conduct since his incar-
ccratiOn. The district attorney, it vas
said. might make one more effort tn
Introduce testimony before the call,
but if the board holds to the narrow
limits laid down for its inquiry on yes
terday Mr.. Jerome seems doomed to
disappointment. The commission
yesterday indicated that it had reach
ed the conclusion that it's members
could decide from their own eXamina-
ton of Thaw the simply questions
placed before them by Justice Fitzger-
aid. 1t was reported again today hat
neither Thaw's own lawyers nor the
district attorney would he allowed to
question Thaw or any other witnesses
who may be called upon to testify at
the inquiry. The commission apparent
1y has also decided to keep it's rec,
odds clear of any expert testimony.
Chairman David Mcclure practically
told the district attorney on Thursday
afternoon that the question as to
whether Thaw is capable of appreciate
ing the nature of the court proceed
ings against him and the nationally
advising his counsel is Il matter sub
ject wholly to a lay opinion. Any
medical opinion which the commits
sion may desire will come from DR..
Leopold Putzel, one Of it's members.
Thaw's attorneys are so sanguine as
to the outcome of the lunacy inquiry
that they We're today making plans for
the resumption Of the trial next week.
1t seems now that if the trial is taken
up again the defense will probably an
nOunce that it rests without further
testimony. DR.. Allen McLanc Ham
iltoD. the ~alienist who examined ThaW
last June and July, was on the stand
when the trial was interpreted. There
is little likelihood that DR.. Hamilton
will be recalled. If Thaw is declared
to be OF sound mind today and the
trial is resumed, it should not last
o than three or four days. The
attorneys in their summing up ad-
- dresses will not be allowed to refer in
anyway to the lunacy commission, for
its appointment and commission are,
not part of the trial record.
While the trial was in progress, all
of the a~lienists who had examined
Thaw and who were called to the
stand paid a tdibute to the prisoners
remarkable memory. Tt was this men,
DRY it was said, which served him in
such good stead before the commits
sion on Thursday and which led Hart
ridge to make the statement: "Thaw
remembered more about the trial b a
/ did"