Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-05
THE THAW TRIAL.
CONTINUED from Page One.)

acy which for more than week mas
been inquiring into the present mehtal
state of Harry K. Thaw. large crowd
gathered at the criminal courts build
ing today. The jury had been ordered
to report before Justice Fitzgerald at
1890 o'clock.
District Attorney Jerome finds nm
self rather peculiarly placed. lie VIII
have to prosecute Thaw to the end' de-
spite the fact that he believes nm
paranoiac and so expressed himself III
the court room.
Justice Fitzgerald came into court at
11.SO A. NJ The jury and defendant
were brought before him. ThaW seem
ed nervous and excited ana these leel-
ings extended more or less 10 every
nerson in the crowded court room. Inc
members of the Thaw family were
pro,,ped nervouSly and seemed 10 APP
nrehend that the crisis of the uial was
at hand.
II was quickly motto ed. however, mat
Tho commission did not appear anu
this give rise to the suspicion that
decision as to Thaw's present mental
condition had not been reached.
The suspense was soon ended o9
Justice Fitzgerald saying TO the JURY
..CentIemen of the jury: | am going
,o discharge YOU until = p. NJ be
careful not To discuss the case WIN
any one and don't let any one TAN -
III, with reference 10 what Is taking
place. ,,,,.-
news office today tHat JuS'lce
GERALD has the right 70 ACCEPT ell,'e'
fine majority or minority report as NO
conscience dictates. There Is PIC
cedent. it is said for the accep'ai!oo
If a minority report from a coillilli9
sion III lunacy. t
,rhev babe Justice Fitzgerald @ood-
NE however and it was uhuer9I"ou
their connection with the case was end
| cd.
The court room filled up quickly foE
| the afternoon session when the doors
we're openod at $50 p NJ. The Thaw
| family group were among the first to
| enter.
Justice Fitzgerald a. soon as he hal
| taken the bench this afternoon said he
had succeeded in securing Il report
| from the commission in lunacy. He had
| had two copies made and While he
would not make the report public. he
| delivered the copies to District Attor-
ney Jerome and counsel for the de-
| fence.
MI Jerome arose to address the
court before reading the report. Ii wa;
from the defendants counsel table thar
| the news of the commissions finding
| cmanated.
Neither Thaw nor the Jury was in
the court room When the report was
| handed down. Nj. Jerome said if tn,
report was adverse to his contention
he desired to be heard before it was
| confirmed
| The news of a favorable decision,
which was declared to he unanimous
was quickly whispered to Mrs Evelyn
| Thaw and Mrs. VIM. ThaW and Other
members of the family. A messenger
also was sent to the prisoners pen
to take the glad news to Tnaw
The prisoners family and his cuun-
sci We're delighted with the news of the
commissions findings. and said they
did not think Mr.. Jerome could bring
sufficient argument 70 bear to prevent
its confirmation by Justice Fitzgerald.
Mr.. Jerome in addressing Justice
! Fitzgerald before reading the rcoor;
e&ld: While l don't know what the
! decision Of the commission may be
want to state to your honor what nv
personal opinion has been in this mat.
ter. | still adhere to the contention
that this defendant is insane. Bur !:
| the commissions decision is fatal t,
the suggestion | made upon the rec.
ord. | will have to proceed with tn.
trial and press for Il conviction Will
all the power at ny command. Bcfor.
am confronted with that condition
| however. L desire that your honor viii
| hear mo as TO the confirmation OF thi.
| report.
| II have read the testimony auducct
before the commission very thorough
~" said Justice Fitzgerald, "and tina
accounts largely for the delay th
morning"
| Mr. Jerome reviewed tho session
held by the commission; III lunacy H
was inclined to cyit.iSe the commits
sinners for excluding hin. from the tina
examination of the defendant mad
yesterday.
Before I can argue the point Of Law
have in mind. said The district AT
torney. Il desire that | be allowed ac
cess to all the minutes Of the commits
sion. especially the secret session. Til
law specifically says the commission
must be attended by the district attOr
neE.' [ was not allowed to attend tn
session of tho commission Wherei
Thaw was finally examined. Tie Srs
| sion continued for more than IN
hours. Regardless Of the hardship
may nave worked upon the court.
must demand to see the commission
minutes and have time to read the:
be fore proceeding with my argument
lam az anxious as any one 10 &c
| through with this case. but this de
lay is necessary"
II promised the commission con
tinued Mr.. Jerome. that | would NJ
attempt to use any evidence adduce
before it at the trial Of this jefenGal
| if it should be resumed and of couTs'
! ! shall adhere to that course. | clai!
| that there is precedent for the court
refuse to confirm a report from
| commission. The statutes make it man
datory that the district attorney sha
| attend commissions i'll lunacy appoint