New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-04-05
whether your honors Interpretation is correct

whether your honors Interpretation is correct
not
ADJOURNMENT MOTION GRANTED.
Mr.. Jerome then made his formal motions for
the inspection Of the minutes. the privilege of
inspecting q copy Of oil exhibits received by
the commission and for a reasonable adjourn
ment in order to decide. points of law,
whether to ask for writ before the Appellate
Division. The last motion granted. the
others being denied. In making his ruling.
Justice Fitzgerald said:
You will realize that the court, in determn-
ing all these matters. is prompted by the oath
that it took. The court is liable to No
human being is infallible. Realizing as I do
its responsibility OF ruling, If there is the
slightest doubt about it. If it can be deter
mined in any way by some higher jurisdiction.
it is the duty of the court to give such oppOr-
tunity In the present instance I agree with
you, not alone through a sense Of duty, but
from a sense of anxiety to learn the exact
situation. Under the circumstances VIII
grant the time"
Mr.. Jerome took exceptions to all the rulings
of the court. Thaw then brought in. He
looked exceedingly we'll. He wore high collar,
higher than he usually wears, and blue bow
tie He had been informed of the report of the
commission, and nodded and smiled at all Of his
family. He did not remain more than five min
utes. as the jury was brought in and discharged
morning.
FIGHT OVER A WORD.
There was a brief session Of court in the morn
ing At the usual hour 1890 o'clock. the COM
mission had not reached final decision. II IS
understood that the trouble lay in one word IN
the report which Dr. Putzel believed to be too
radical This word occurred IN the eighth para
graph of the report, the sentence reading: An
examination of the letters referred TO shows
that generally the suggestions contained in them
were material. sensible and apparently the prod
, uct of a sane mind" In the original report the
word rational was used instead OF material"
and II IS understood, DR.. PutZel disliked II. JUS
tice FitzGerald finally got the commission 10
decide on the word material" the other word
being marked out and the word written
above.
This disagreement lasted almost an hour; then
the jury and defendant were called in and the
court dismissed the jury until afternoon. Thaw
seemed considerably chagrned at the delay and
so did his family. During It he was visited IN
the Tombs by his mother and sister while his
wife drove. to Mr.. HartrIdges office for n
ference. Later she her husband in the
TombS just before court convened.
When the afternoon session was ended Mrs.
Evelyn Thaw went directly 10 her botei. Il am
terribly wearied and must rest" she said. Mrs.
William Thaw remained for conference with
counsel. Thaw expressed his entire satisfaction
with the finding of the commission. To his
counsel he said
Il knew there could be no other result than
this. II l insane l wouIa like 10 know how
many others there are in the courtroom that are
possibly just as insane as l am"
The next session Of the court with the jury
present. Will be on Monday morning District
Attorney Jerome viii have to decide to-day or
tomorrow at the latest whether to apply for "A
writ, as II is believed that a further adjourn
ment for such action would not be countenanced
by Justice FITZGERALD. 1t Is not necessary IL is
| understood, for the District Attorney to make
his application before the full Appellate Di-
! vision, one Justice being sufficient to grant or
deny the motion