The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-04-05
This is the Unanimous
Verdict Of the LunaCy
Commission.
JEROME ANGRY
AT THE REPORT
Threatens to Take Matter to Ap-
pellate Court and Is Given
Until Monday to Prepare
Appeal - Thaw's
Family Jubi-
liant.

NEW YORK, April 4.-HarryS il 5
Tlaw to-day was declared sano by tie
unanimous report of the co1nmissionSin
lunacy appointed to inquire into hts
present mental condition.
The moment the decision was handed
down from Justice Fitzgerald's desk
District Attorney Jerome was on Il his
feet vigorously protesting against IT'S
confirmation by the court. He charged
that he had been excluded from tho
last session of the commission, and de-
nanded to be allowed to have access
to the minutes and stenographic notes
ofSwhat transpired at the final mental
and physical examination OF the de-
fcndant. M
When Justice Fitzgerald declined to-
turn the minutes over to the district
attorney, Mr.. Jerome declared he would
carry the case to the appellate divi-E
sion3of the Supreme Court, asking that
q writ Of prohibition or mandamuss
be granted to prevent a continuance
Of the Thaw trial until the higher
court had ruled upon tho legality Of
the commissions course.
Adjourned Till Monday. ~ N
Justice Fitzgerald reminded Mr..
Jerome that he had waived the statu-
tory right of attending, the last Sos
sion Of the commission by suggesting,
himself that all the attorneys be ex-
cluded from the sitting In question
IIc then granted the district attorney
an adjournment until Monday next in
order that he might have time to-
prepare his application to the appel
late division. Mr.. Jerome protested
that the time was not sufficient but
Justice Fitzgerald cut him short with
the announcement that the trial must
be concluded forthwith
Unless: Nr.s$Jerome slloul d secure a.
writ OF prohibition in the meantime,
Justice Fitzgerald Is expected S5t to B an
ncunce on Monday that he has con-
.flrmed the report Of the commission.
ara order that the trial proceed With
out further delay. The district attor-
ncys and the counsel for the defense
will be heard in argument rs to tho
confirmation Of the report at Mondays
session OF the court II they so desire
After the adjournment to-day Mr.
Jerome issued q statement, in which
he said he could not tell until after
a thorough, examination of authorities
whether or not he ought to take
further action in tho way of an appli-5
cation to the appellate division.
Should he reach the conclusion, after
examining the law on the sSbject, thai
Justice Fitzgerald had not coInmitted
legal error in refusing him access to-
the commission's minutes. he would.
of course, take no further action. Mr.
Jerome declared that If he made an
application to the higher court IT,
would be because of the precedent set
ny Justice Fitzgerald, and not pnr-$
ticularly because of tho effect in thiag
case III
Thaw Not in Court.
Thnw was not In court to hear the
decision. The jury. which has heard
the testimony against him. was also
excluded. and both prisoner and juroras
were out OF range Of the district nt-
tcrneys heated discussion with JUS
Stice Fitzgerald. All tho members Of
tho Thaw family, including the mother,
and wife OF the defendant, We're pres
5ent however. and their keen delight
ose ser the announcement OF the favor
able report from the lunacy commits
sion was turned into alarm with the
unexpected attitude Of the district ats
torney. whose threat to take the mat-
ter before he appellate division of the
court seemed ITO involve another se-l5
jrous delay III the long -drawn-out
trial
The news of the COMMISSIONS unani-
nous verdict as to his present sanity
was carried to Thaw in the prisoners
pen. FIe expressed satisfaction, but
not surprise. There has never been
time since the commission was ap-
pointed that the defendant has not
g,- NIL nfa fnp n
decision. He declared to-day that he
felt especially lucky, because it .was
the second anniversary OF his mar
rage, The decision came during the
afternoon session of the court, and
after reports. based upon significant
,cilcumstantial evidence, had gained
wide circulation that the commission
was split and could not reach an
agreement The unanimous report.
therefore, came rs a surprise.
Sweeping Victory.
BEFORE the storm Of the district at
torney's protest broke. Justice PltH-
gerald had handed to him and to Mr.
lInrtridge. OF counsel for the defense
carbon copies OF the commissioners
full report. Itwas from the defen-
ldnnt's counsel table that the nature OF
tho decision first became known. Mr..
Iinrtrdge rushed over and whispered
TO Mrs. William Thaw and to Mrs.
Evelyn Nesbit Thaw, and sent a mes
senger hurrying to the defendant with
tho tidings, 5;.a
s5F When the report finally fell into the
possession OF the newspaper men Is
was seen 80 be a most sweeping VIC
tory for Thaw IT confirmed the re-
ports of the excellent showing he had
made before tho commission In botl,
his mental and physical .ests. and also
Indicated that the only expert testi-s
rnony which the commission had taken
Into consideration was that OF the 5
physicians who had had an opportnuity33 ~
4 4, cxamina sphaW5t and talk With biz sf