The Montgomery advertiser., 1907-03-28
THE
 COMMISSION ddge 0'Brien Could Not
 Serve. BUSINESS TOO PRESSING David Mcclure. an Attorney, Ap-
 pointed in His Place. Came as Surprise to Court and Thaw Family But all Appear Satisfied
 With the New Mem-

New York, March 27. After the jury which has been trying Harry K. Thaw for more than two months past, was excused today until next Monday morning, and the members of the lunacy commission appointed yester- day by Justice Fitzgerald to inquire into Thaw's present State of mind had been sworn in, there came the sud- den announcement late in ethe after noon that former Supreme Cour. Jus tice Morgan J. OBrien. the chairman of the commission, had resigned.
 In a letter to Justice Fitzgerald, Judge OBrien stated that upon re- fection he was forced because of the condition of his health and profess sional engagements previously entered into, to decline to serve as q member of the commission. Justice Fitzger- aid immediately made a new order, appointing David Mcclure, we'll known attorney of this city and q member of former Police Commissioner McAdoo's advisory committee of citi- zens to fill the vacancy.
 Mr. Mcclure met the other mem bers of the commission this afternoon and was selected as chairman. Later he announced that the first session of row afternoon at o'clock in the court room where the trial has been in progress. The commissions in- quiry in general will be an open one. although there will be an executive session from time to time.
 The announcement of Justice O'Brien's resignation came as com- pIete surprise. When the Thaw jury reported in court this morning at 10 o'clock Fitzgerald was engaged in his chambers with the members of the commission whose appointment he an- nounced yesterday. These were tor- mer Justice OBrien, former District Attorney Peter B. olney and Dr. Leo- pold Putzel
 Fitzgerald Administers Oath.
 Justice Fitzgerald administered the oath of office to the commissioners and talked with them concerning the case and their duties in connection with the inquiry they were about to under take. The interview lasted for more than ar hour and then Justice Fitz- gerald convened court and the three commissioners filed in and took their places near the clerks desk. Harry Thaw WIS brought into court and found all the members of his family awaiting him. He looked exceedingly we'll rhysic ally and smiled a greet .ng to his mother, his wife, his sis- tars aud brothers
 Justice Fitzgerald, in discharging the fury until next Monday. warned them to be careful not to discuss the case in any way or to read any newspaper ac- counts of what is taking place. It was said that in directing the jury to re- port next Monday, Justice Fitzgerald did not wholly expect that the com mission will be ready to render nn opinion by that time. If the commits sion's inquiry Is prolonged, the jury will be called into court every few days in order that 1t may be kept in- tact for a resumption of the trial should should Thaw de declared sane at the present time.
 Following the proceedings in court, Justice Fitzgerald had another confer ence with the commissioners originally selected, and when they left the crim- inal court building at the luncheon hour, 1t was annouced that they would reassemble at p. m. At that hour MT. OIney and Dr. Putzel put in their appearance. MT Mcclure arrived soon afterwards and was usheTed into Jus tice Fltzgerald's chambers. His pres ence was unexplained, however. for more than an hour. Then came the an- nouncement of Judge O'Brien's resig nation and the appointment of Mir. Mo- Cure Messrs. Mcclure, Olney and Putzel conferred for some time and finalI yannounced that their first for nal session will be held tomorrow af- ternoon and will be open to the public.