Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-04

New 1Ofk, April 3.-IOmOrrOW brings
another critical stage in the case of
Harry *. Thaw, when the slayer Of
Stanford White will either be officially
proclaimed insane and ordered s"nt
away to Il state asylum. or his trial Will
be resumed before Justice Fitzgerald
upon the finding of the lunacy commits
sion that the defendant is at this time
capable Of rightly understanding his
own position. OF 2ppreciatinG the ma
tllre of the charges against him and of
nationally advising with his counsel.
The commission completed its work 10
night and will be ready to report to
Justice Fitzgerald tomorrow morning.
Thaw underwent Il physical ana
mental examination for more than two
hours this afternoon. In this last test
he was entirely alone before the COM
mission, even the district attorney ana
the members If his own counsel being
barred. When the three members of the
commission, David Mcclure Peter F..
Olney and DR.. Leopold Putzel. had
completed their final examination. they
i'll turn shook hands with ThdW in a
most cordial manner. lie went back to
his cell in the Tombc with light heart
and declared later to his counsel that
h. felt the commission would surely
declare him sane tomorrow. Tho attor-
news shared their clients view of TIL"
situation. District Attorney jerome
would not commit himself in any way.
Thaw's counsel declared they were
ready to proceed with the case to-
morrow and believed that Mr.. Dclmas
might begin his summing VI address
before noon. II that event. they said,
Mr.. jerome would address the jury Fri
day and 4 verdict might be expected
before the week ended.
There is little or no likelihood that
the report If the commission which has
inquired into TnaW's present mental
state will ever be made public. If the
decision favors Thaw, Justice FitZ@1r-
aid will merely order the trial To pro
cccd without any reference whatsoever
to tire interruption which began two
weeks ago. Should the decision y"
against 'rhaW. Justice Fitzgerald would
have to quote briefly from tn" formal
fnIin" of the commission IN his ortrr
committing The young man 70 IN
asylum.
IF committed, Thaw would have to
remain in the asylum until declared
sane by the superintendent Of the in
stitution. Then he would be brought
back 10 this Aty and tried again.
The last public session Of the commlS-
sion was held this morning TO hear th'
testimony of two moro nli"niStS-Dr A.
len Rose Diefcndorf Of Middlctnwn, g.
far the prosecution. and Ut. Charles 9.
Wagner os Einghamton, n. Y, for the
defence. DR.. Diefendorf gave a purely
academic decision, based upon assumed
facts and writings of the defendant ana
declared Thaw was incompetent DR..
Wagner said he had talked with the prlS-
oner almost daily for nearly two monthS
and had been unable TO find anythln-
mon which to predicate an opinion o.
mental unsourdness at this time lie was
not willing to 90 on record, however, as
specifically declaring Thaw to be IN eF-
erv sense a sane man. He said he had
not sufficient fact before hlm, or sul''-
cient time III which to reach so POSITIVE
conclusion.
Dr wagner repeated many Of his more
recent conversations with Thaw and gave
tl,e defendants idea of his present pre-
dicarnent. Thaw declared that he real
;zed his position today was serious one
He thought. however, that his attorneys
had made such good progress during ire
trial that he was in much better posi-
tion than when it was begun. lie said
he lad no delusion now that his act was
an act Of Providence.
When the commission began its private
examination of the defendant the nom
hers questioned him particularly ABOUT
this delusion and others from which IL
has been testified he was suffering at tine
time he shot and killed Stanford Whlt"'
DR.. Putzel Of the commission conducted
the brief physical examination to which
Thaw was subjected. He was given all
of the standard tests of the reficNes. the
pupils Of the eyes, the Fomberg test for
evidences of locomotor ataxia, etc. Thaw
is slid to have undergone all OF theSe
tests in a thoroughly satisfactory man
ner. The alienists who testified for the
defence. and who conducted much more
searching physical test than that nnder-
taken by the commission. today declared
they were unable to find any really an
normal traces. DR.. E. D. Evans saIh