The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1907-03-29


n0uncrd Today.
New York, March 26.-Harry K
Thaw may never again face the jar!
empannelled more than nine weeks ago
to try him on the charge Of murder j!
the first degree. Justice Fitzgerald 20
day Unexpectedly handed down a de-
cision ordering a commission in luDacy
to inquire into the present state OF
| mind of Stanford Whites slayer. Tie
| decision of the three disinterested men
/ named to conduct the inquiry will
! guild: the future action of the court as
to ordering Thaw to an asylum fct the
| insane or directing that the Indefinite
| ~ interrupted trial for his life shall
| proceed.
Justice Fitzgerald announced tie APP
| pointment of the commission privately
in his chambers. Evelyn Neshit TlaW
| was there with the lawyers and it be-
came her task to break the news to
her husband in the Tombs. fearful
| when she left the judges rooms in the
criminal courts building, the Young
woman. who has been such a c~onspic-
uous figure in the trial from first to
last, was smiling and cheerful When
ThaW was brought from his cell to the
hospital ward of the prison to meet her.
Thaw accepted the courts decision
philosophically and once nor declaIe ed
declare him a san
The personnel of the commission
named by Justice Fitzgerald lends new
distinction to this already notable case.
The men who will determine Thaw's
mental capacity are Morgan J. O'Brien,
a former justice of the appellate di-
vision of the supreme court; Peter 3.
Olney, former district attorney of New
York county, and a lawyer of high
legal attainments, and DR.. Leopold
Putzel, a practicing physician and au-
thOrity on mental disorders.
DR.. Putzel is a graduate of the Belle
vue hospital medical school. and has
had a long experience in that institu-
ton. He is qualified before the state
medical board as an examiner in IL
macy.
The Thaw jury was ordered on last
Friday to report before Justice Fitzger-
aid tomorrow morning at 1890 o'clock.
At that hour there will be a brief courc
procedure. the jury being excused in
definitely. Whether or not Thaw will
be brought into court for this cere-
mOny remains to be seen. His presence
will not be necessary.
No date had been fixed tonight for
the first meeting of the commission.
There probably will be some definite
announcement on this point tomorrow.
however. for the law under which the
commissioners were appointed directs
that they proceed with their inquiry
forthwith.
Justice Fitzgerald said it would rest
with the commission as to whether or |
not its hearings shall be public. In the !
last case of this sort in this iurisdic-
tion-the inquiry into the mental con- |
dition of Josefina T~erranavo, who kill !
ed her aunt and uncle-the commits |
slOn'S inquiry was conducted behind |
closed doors. The girl was declared
sane and subsequently acquitted by the
jury.
The Thaw lunacy commission will be
attended by District Attorney Jerome.
The lawyers for the defendant will also
be present and the commission may
and compel the attendance Of
any witnesses it may desire. It is
probable that Thaw will be asked first
all to submit to a rigid physical OK
Thaw's lawyers and the defendant
We're downcast when they Were
made acquainted with Justice
decision, but all were man
pleased when the later n
nouncement as to the personnel Of the
commission when inquiry was made.
Delmas, in particular, declared that
Justice Fitzgerald could hardly have
selected a more generally satisfactory
commiSsion-one whose decision would |
more confidence and respect.
District Attorney Jerome seemed
with the result of the dramatic |
appeal he made last week to the con-
of the court. asking an inter-
of the trial on the ground that
the defendant was in such a mental
condition that he could not intelligent
y advise his counsel and did not un-