Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-03-28
JUDGE O'BRIEN Is OUT
He WILL NOT SERVE ON THAW
COMMISSION.

NEW YORK, March 2S.-Former Judge
Morgan ]. O'Brien surprised his friends
and all those most directly concerned by
resigning yesterday as a member of the
commission named by Judge Fitzgerald to
report on the mental condition of Harry K.
Thaw.
David Mcclure, a well-known practicing
lawyer, has been named by Judge Fitz-
gerald to fill the vacancy caused by M. J..
OBriep's declination to serve.
Mr.. Mcclure has twice declined appoint
ment to the bench. For many years he
has been prominent at the bar and con-
spicuously identified with many civil reform
movements. He was a member of former
Police Commissioner McAdoos advisory
committee, and more recently has appear
ed in Albany as the champion of the police
inspectors, who are fighting against Com
missioner Bnghams bill to give him great
er power over the personnel of the force
Mr. Mcclure, like Mr.. O'Bren, is promi-
nent Roman Catholic. He is the legal ad-
wiser of the archbishop of the diocese.
1t was generally supposed Mr.. O'Brien
would be designated to serve as chairman
OF the commission, and his withdrawal was
particularly unexpected, in view of the fact
that it was announced only a few hours
after he had met his associate members
appearing publicly with them in the court
room a member of the commission, and
had then retired apparently for consulta-
ton with them and Judge Fitzgerald In the
latter'S private chambers.
When the commission retired for confer
enCe, after a formal session of the court
which lasted only long enough for the jury
to be admOnshed in the usual formula and
then excused until next Monday, there was
no intimation that Mr.. O Brien did not
pect to serve. He had entered the court
room with Peter B. Olney and DR.. Leopold
Putzel and until the jury was dismissed
and court adjourned the members of the
newly appointed commission sat together
inside the rail near the table reserved for
the district attorney.
Announcement Withheld.
After the commissioners and Judge Fitz-
gerald had consulted for half an hour pri-
vately they all left the building, announc-
ing that the commission would meet again
at o'clock in the afternoon. If Mr.
O'Brien at that time had decided on his
withdrawal that fact was concealed from
counsel and from the public. At o'clock
DR.. Putzel and Mr.. Olney returned to the
Criminal Courts building, but in place Of
Mr. O'Brien. David Mcclure arrived and
was ushered into chambers where Judge
Fitzgerald. DR.. Putzel and Mr. Olney
awaited him. Nearly an hour and half
later Judge Fitzgerald authorized William
Penney, clerk of the court, to make public
letter from Mr.. o. Brien, who said he had
been forced to the conclusion that in view
of the present condition of his health and
copied he must decline the service.
His letter was as follows:
MY Dear Justice FitZgerald-When
you honored me by asking me to consent
to become member of the commission in
re Thaw and suggested that by 80 doing
would be rendering a public service l &C
coded to your request, notwithstanding my
Discrimination to again assume public duties.
Upon reflection, however, l am reluct-
antly forced to the conclusion that, in
view of the present condition of my health
and of professional engagements previ-
ously accepted and involving obligations to
others which l cannot evade, l must de-
cline the service, much as 1 regret this de-
cision.
In arriving at this determination I as
sure you that l have not undervalued the
Importance to the public Of the service
which you have so kindly requested me to
undertake, and my conclusion has been
reached only after careful consideration of
the present condition of my health and
other obligations previously assumed by
me-
with sentiments Of esteem and appre-
citation of your expression of confidence, I
remain, gratefully yours,
MORGAN ]. OBRIEN.'