Daily press. [volume] (Newport News, Va.) 1896-current, 1907-03-27
NEWPORT NEWS VA, WEDNESDAY. MARCH ~ 1907

by the attorneys and quickly appeared
ut the court house. Justice Fitzgerald
based his decision on the conflict of
afiidavits as presented by the oppos-
ing sides, saying they were too dia-
metrically ut odds to permit OF de-
cision other than by an impartial in
quiIy. After the suggestion made in
court by District Attorney Jerome and
the various affidavits presented on
both sides, Justice FitZgerald's men,
orandum reads:
81 do therefore In pursuance of the
statute in such cases made and pro.
vided, hereby appoint the Honorable
Morgan j. O'Brien. the Honorable Pet
er B. Olney and Leopold Putzel. NJ. d.,
three disnterested persons, com
mission forthwith to examine into the
mental condition of said Harry x.
Thaw and to report to the court with
all speed its findings and their opin-
ion whether at the time of such exam.
nation the said Harry X. Tnaw was
i'll such a state of diocy, imbecility,
lnnacy or insanity so as to be incapa-
bic of rightly understanding his own
condition, the nature of the charges
against him and of conducting his de-
Tense in rational manner"
Messrs. Hartridge and O'Reilly 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 broth
ers of the defendant did not go to
the Tombs, but hurried UP town with
the news or the commission tor their
mother and sisters who were waiting
i'll 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. IL am not afraid of IL com.
mission, ! am sane man now: Just
as the judge himself and | am sure
that any fair minded commission will
so declare me-"
The attorneys quickly withdrew
from the conference and Thaw and
his wife sat for long time together
discussing what the commission prob
ably would do When Mr. Hartridge
came out he declared: The fortitude
of the boy meaning Thaw) astonish-
es me sometimes and 1t certainly did
today"
Later in the afternoon Thaw sent
out n statement In which he said:
Everything is perfectly satisfac-
tory to me. | am sure will be able
to satisfy the commission, that | am
sane ut the present time. Anything
Justice Fitzgerald does is all right
He has always acted in a fair and i'm
partial manner"
There Nav Be MistriaI.
With the trial of Thaw for the
killing of Stanford White now in
its tenth week, and with the jurors
for over six weeks being allowed
to SEPARATE with no suspicion OF
attempts having been made to in.
fluence their verdict, there is
possibility today of mistrial re-
sulting because of the remark AT
tributed to one of the jurors, to the
effect that no one of the panel has
any doubt but that Thaw is sane
today.
When District Attorney Jerome
today received the report that one
of the jurors had made such a
remark to a number Of friends Ill
the progress of card game IN
the Sycamore Club in West enc
Hundred and Twenty-fifth Street, he
at once instituted investigation. IT
he is convinced there was any SER
ious violation of Justice Fitzgerald s
oft-repeated instructions to the jury
not to discuss the case while out
of court, or even to talk about IL
among themselves, it is reported he
will move. even at this late day,
for the dismissal of the jury, and
insist that the case shall be tried
over, ii the insanity proceedings
now pending do not end the hear
ing through the sending Of Thaw to
Mateawan.
Believe Thaw Is Sane.
According to the story told, the
remark was made while the Juror
was playing pinochle last Saturday
night.
During the game the Thaw trial
One player said to the juror:
II suppose you are tired OF Your
job?"
Yes, | am tired of It," was Tie
reply. II will be glad when the
whole thing is over, I have not been
able to do any business since that
trial began"
rs 1t possible your work is fin
ished?" asked another club member
"A commission in lunacy may be
appointed now, it seems, when
would take the matter out of your
hands,"
Il don't think so. There IS no
man on the jury who does not think
Thaw is sane at present."
The juror then went on to state
that during the trial Thaw has been
carefully watched and studied by
the jurors lis study of the de.