The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-03-27

appoint n commission, Justice Fiizger-
aid read written memorandum. He
based his decision on the conflict Of
atiidavits as presented by the opposing
SIDES, saying they were too diametrical-
y AT odds to permit of decision other
than In favor of an impartial inquiry.
After citing the suggestion made in
court by District Attorney Jerome and
the various atfidavits presented OH both
sides, Justice Fitzgerald S memorandum
reads:
~ do, therefore, in pursuance of the
statute III such cases made and proyid
ed, hereby appoint Morgan j, 'Brien,
Peter b. Olncy and Leopold Putzel, NJ
d., three dlsinterested persons, com
mission forthwith TO examine into the
mental condition Of said Harry X. Thaw
and 10 deliver to the court with all con
Veuient speed the facts and their opin-
ions as to whether at the time of such
examination the said Harry X Thaw
was in such a state Of idiocy, imbecili-
ity and lunacy or insanity so as to be
incapable of rightly understanding his
own condition, the nature of the
charges against him and OF conducting
his defense In n rational manner
AS Messrs. Hartridge, o Reilly, Pea
body, Delmas. Gleason and McPike. the
six Thaw attorneys. left the Judge s
tUdUl DtIS, ono Oh IUtn WAS nGdTu 10 re-
mark:
cit could not be worse
Take Brighter View.
Later however. the attorneys seemed
TO hold a brighter view Mr.. Hartridgc
said
81 did not expect a decision of any
sort today, much less the one that was
rendered. We had hoped the trial
m chit IN Noit Nnut furf bor n
ton The commission will mean con
siderable delay. Now that the de.
cision has been rendered. however, il is
hard TO see how Justice Fitzgerald
could have done otherwise. OF course
there was conflict of affidavits, and
he cannot understand how frmly
Thaw s counsel believe in his sanity. -
Mcssrs. Hartridge and o Reilly went
with Mrs, Evelyn 1baw TO the Tombs.
and there in the hospital ward they met
the prisoner,
"ft is all right dearie'' he said to
his wife. 81 am not afraid of com
mission, ! am a sane man now, lust
as sane as the Judge himself, and
am sure that any fair-mindcd commits
sion will so declare me.
When Mr.. Hartrldge came out he de
clarcd;
1.-The fortitudc of the boy CThaw)
nstouiShes me sometimes, and ii Ger.
tainly did today
Later Thaw sent ont statement as
follows:
Statement Of Thaw.
"This thing is perfectly satisfactory
TO me. | am sure | VIII be able TO
satisfy the commission that | am same
nj the present time. Anything Justice
Fitzgerald does is all right. He has
always acted i'll a far and impartial
manner.
The Law under which the commission
was appointed today provides that the
commissioners must take oaths as
referee: they must be attended by
the District Attorney and counsel for
the defendant and may compel the at.
tendance Of witnesses. The statute then
proceeds:
when tho commissioners have con
cudcd their examination they must
forthwith report the facts TO the court.
with their opinion thereon. If the com
mission find the defendant insane the
trial judgment must be suspended uu.
| iii he becomes sane. and the court. If
it deem his discharge dangerous TO the
public peace or safety, mnst order that
nc be. in the meantime, committed
| by the sheriff to State lunatic
/ asylum. and, upon his becoming sane.
! he be redelivered by the superintendent
/ of the asylum 10 the Sheriff
! when received into an asylum he
! must be detained there until he becomes
| sane Then the superintendent must
/ give written notice TO the Judge Of the
/ court Of the district in which the
asylum lis situated. The Judge must
! require the Sheriff without delay to
| bring tho defendant from the asylum
and place him in the proper custody
until he be brought 10 trial, Judgment
I or execution, as the ease may be, or be
/ legally discharged
While the law simply prescribes any
/ State asylum. it is generally the custom
10 send all persons charged with crime
! 10 the ASYLUM at Mattewau for the
criminaiy insane.