Watertown weekly leader. [volume] (Watertown, Jefferson County, Wis.) 1906-1908, 1907-04-05
LUNACY BOARD UNANIMOUSLY
FINDS SLAYER OF WHITE
ENTIRELY RATIONAL.
COMPLETE REPORT
TO BE KEPT SECRET
Request of District Attorney to See
Minutes of Board Denied by Court
Trial Postponed Until Monday at
Request of Prosecutor.

New York April 5.-Harry K. Thaw
has been declared sane by the lunacy
commission. The findings of the COM
mission was couched in the language
OF the order of Justice Fitzgerald or
dering the inquiry. The commission
ers declared it to be their unanimous
belief that "the defendant, Harry K
ThaW, is capable of rightly understand
ing his own position, of appreciating
the nature of the charges against him,
and of nationally comforting with his
counsel at the time of this examina-
ton"
The entire report of the commission
covers three typewriter pages and
will not be made public.
Will Attempt to Stop Trial.
Before the finding of the commits
sion was announced District Attorney
Jerome said if the court ruled against
his application for access to the min
utes of the Thaw commission in
lunacy he would ask time to decide
whether he would apply to the appel
late division for a writ of prohibition
to prevent the trial proceeding
Justice Fitzgerald discharged the
Thaw jury until Monday, declining to
grant more time for District Attorney
Jerome to apply to the appellate divi-
sion for a writ of prohibition.
Justice Fitzgerald denied Jerome &C
cess to Thaw commissions minutes.
Court Adjourns Until Afternoon.
When Justice Fitzgerald called the
Thaw jury into court at 11:30 a. III
the commission in lunacy appointed TO
inquire into the present condition of
the defendant had not been able to
agree upon a verdict The jury was
excused until two p. M, by which time
Justice Fitzgerald sad he hoped he
would have something definite before
him.
The commission in lunacy sat until
after two o'clock Thursday morning
trying to agree upon a report but fail
ed. 1t went into session again in
Justice Fitzgerald's chambers at 1890
q. N. Thursday.
1t was reported that there was
serious division of sentiment among
the three members of the commits
sion, the two laymen being arrayssf
against the medical member. Justice
Fitzgerald is very anxious to have a
unanimous report from the comIuis-
sion one way or the other, and it was
for this reason that he decided to- give
them more time. Following the ad-
journment of court, Justice Fitzgerald
again went into conference with ahe
three lunacy commissioners.
Verdict Given to Lawyers
Justice Fitzgerald, as soon as he
had taken the bench in the afternoon,
said he had succeeded in securing a re-
port from the commission in lunacy.
He had had two copies made and
while he would not make the report
public, he delivered the copies to Dis
trict Attorney Jerome and counsel for
the defense.
Mr.. Jerome arose to address the
court before reading the report.
1t was from the defendants counsel
table that the news of the commits
sion's findings emanated.
Neither Thaw nor the jury was in
court when the report was handed
down.
District Attorney Jerome said if the
report was adverse to his contention,
he desired to be heard before it was
confirmed.
Defendant Hears News.
The news of a favorable decision.
which was declared to be unanimous,
was quickly whispered to Mrs. Evelyn
Nesbit Thaw and Mrs. William Thaw.
and other members of the family A
messenger also was dispatched to the
prisoners pen to take the glad tidings
to Thaw
The prisoners family and the mem
bers of his counsel were delighted
with the news of the commissions
findings, and declared they did not
think Mr.. Jerome could bring sufficient
argument to bear to prevent it's con
firmation by Justice Fitzgerald.
jerome Addresses Court.
District Attorney Jerome, in address
ing Justice Fitzgerald before reading
the report, said:
while | do not know what the de
cision of the commission may be,
sonal opinion in this matter | stated
and still adhere to the eeontention that
this defendant is insane. But if the
commissions decision is fatal to the
suggestion | made upon the record, /
will have to proceed with the trial and
press FOR conviction with all the pow
er at my command. Before l am con-
fronted with that condition however
desire that your honor will hear me as
to the confirmation of this report"
Il have read the testimony adduced
before the commission very thorough
ly," said Justice Fitzgerald, ''and that
accounts largely for the delay this
morning"
Mr.. Jerome reviewed also at length
the sessions held by the commission in
lunacy. He was inclined to criticise