Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-03-29
THAw BEFORE COMMISSION.
Talks Sensibly, but Actions Are
Seriously Questioned.

NEW YORK, March 29.-The real test of
deciding whether or not Harry X. Thaw
Is now capable of nationally advising with
his counsel as to the conduct of his trial
was begun this afternoon by the examina-
ton Of Thaw himself. For nearly two hours
Thaw was questioned by the members of
the lunacy commission appointed by JUS
tfce Fitzgerald, and much depends, if the
commission holds to it's present views on
the impression Thaw makes on the COM
mission as to whether he goes to the asy-
lum for the criminal insane at Matteawan,
or whether his trial. which was broken off
on the statement of District Attorney Je-
rome that ne is now insane, will go on.
The examination of Thaw was in pri-
vate. Only the members of the commits
sion. the lawyers for both sides, the clerk
of the court and the official stenographer
were present The examination was not
completed. and it will be continued Sat
urday morning.
Thaw sat in the witness chair where his
wife and mother have testified for him
during the trial. The three commissioners
David Mcclure, Peter B. Olney and DIR.
Leopold Putzel-sat in where JUS
ttce Fitzgerald has alone presided. District
Attorney Jerome and his assistant, Francis
P. Caravan. had their usual seats inside of
the rail. The lawyers for the defense
Delmas. Hartridge, Peabody, Gleason and
OReilly--had the seats from which Mr.. Je
romes experts have watched Thaw. The
rest of the big court room, which has been
damned for eight weeks. with Thaw the
center of interest, was empty.
Questioned Two Hours.
The scene that Thaw faced must have
been enough to unnerve even the steadiest
man. But he was cool enough, according
to the reports that reached the reporters.
In the first place there We're no aliensts
present. Mr.. Jerome thought that some
of his experts ought to be present, and
he made a fight for them, but the COM
mission excluded them, at least for the
present. Before the commission went into
secret session it was made pretty plain by
the chairman who turned out to be Mr.. Nc
Clure, that the commission does not think
it has any right to go into the province Of
the trial jury, and that its duty Is simply
to decide if Thaw knows what he is on trial
for that he is aware of what is going
about him, and that he is mentally COM
petent to advise with his counsel.
When Thaw was called to the witness
chair he made little speech to the COM
mission He said he wished to be enlight-
ened as to just what the commission wanted
from him. He was ready to give them
whatever information they desired all that
he asked was that they make clear to him
what they wished him to tell them.
Then his examination began. DR.. Put
Eel had the seat nearest to him and his
piercing black eyes never left Thaw dur
ing the examination. He only asked few
questions. and they were put for the pur-
pose of simplifying answers made by Thaw.
The rest of the time Dr. Putzel sat back
and observed everything Thaw did, and
how his answers were made.
On the other side of br. Putzel was Mr..
Mcclure and beyond him Mr.. Olney. They
did all the questioning. No questions were
asked by Mr.. jerome, and there were no
questions from. Mr.. Delfnas or the other
Thaw lawyers. 1t is the intention of the
commission, it is said, that so far his
oral examination is concerned there will
be no cross-examination of Thaw by the
district attorney or the Thaw lawyers. 1t
was only an oral examination yesterday.
and the commissioners intend to conduct
that themselves.