New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-04-05
THAW DECLARED SANE.
Continued from hrss page.

l. llh w DHOulltLD O14It lie
Continued from nrss page.
report but seemingly knowing II was adverse TO
his contention. began to argue against its con-
firmation Mr. Hartridge. however. glanced at
It quickly. and then turned and nodded TO the
Thaw family. Mrs. Evelyn Thaw fairly beamed
with delight when she saw the nod. which told
her that her husband had a chance to fight for
his freedom. ana the defendants mother also
smiled happily. There was noticeable look of
relief on all faces.
NOD TELLS THE NEWS.
The action Of Mr. Hartridge. absolutely the
only announcement Of any kind that Thaw had
been found sane, was picked up by every one.
and the whispered word Sane" passed from
one TO another. Reporters slipped out as quietly
as possible TO flash" the news to their offices
and all over the world. and in a few minutes
the cry '"Thaw is found sane" was repeated
everywhere.
The action OF the District Attorney in arguing
for writ to secure the records OF the commits
sion and the documentary evidence which had
been handed IN, did not seem to be compre-
hended by the defendants family. as they stared
in bewiderment. When told what was going
on, however. they frightened again.
Mr.. Jerome began by requesting that he be
allowed 10 inspect the minutes of the commits
sion in order TO argue, If necessary. against the
confirmation Of the report by Justice FitzGerald
He also asked for copy Of the minutes OF the
public hearings Of the commission. Both mo-
lions were denied.
Next he argued that Il was not regular that
the commissioners, sitting as judicial officers.
should he allowed 10 hold secret sessions with
out the presence OF the District Attorney and
20 have their report confirmed without the Dis
trict Attorney having had the opportunity TO
inspect the records and argue against its con-
| hrnation.
| IMPORTANCE OF DECISION.
There is a very important phase" Mr.. Jerome
said. land that IS that this decision by the COM
| mission and the action Of the court the re-
1 port OF that commission, In view of tho wide
publicity that this case has attained, and In
view Of the fact that two lawyers Of great
| prominence are upon that commission will make
the decision precedent for years. which will
be cited long after you and have passed away.
This is a precedent which will be followed by
all the judges of this department, followed by
the General Sessions and. in view Of the high
standing OF the commission and the care de-
voted TO the examination. It will be precedent
/
posing OF the matter.
III this precedent is allowed to stand three
gentlemen might be appointed on commission
not at all fitted to determine from personal ex-
animation the condition OF a defendant Your
| Honor might appoint three women; your Honor
might appoint three doctors, not to act as doc
tors. but as Judges, and in this case your Honor
| appointed doctor on the commission to bring
his peculiar knowledge OF medicine and put that
at the service Of the commission 10 interpret
| the medical testimony.
at Is certainly improper that matters should
| take place in any secret session and the District
Attorney not be permitted to know what takes
place there. It is true that my suggestion 10
the commission was that they examine the de-
PENDANT without the presence OF counsel for the
defendant. or without the presence Of the Dis
trict Attorney. It is true that II was my sugges-
ton that they examine him only with the
stenographer present. but never suggested that
no record be kept: never suggested that any,
thing be done OF which evidence might not be
kept showing upon what they based their judg-
ment. And. moreover. counsel for the defence
was called into the secret session while the Dis
triot Attorney sat in the hall room without
and was not asked 20 attend"
COURT REPLIES TO JEROME.
Justice F1tzGeraIds equanimity appeared to
be disturbed by the District Attorneys argu-
| ment He was apparently somewhat nervous,
and when he replied. spoke so low that even
counsel had difficulty in hearing him. He said:
Il said that this proceeding Is a determine
ton on the part Of the court taking no de-
parture from the settled practice This COM
mission was 70 have an inquiry upon a sug-
gestion for the purpose OF informing the con-
science Of the court. The statute gave me the
means OF obtaining that information. The court
must guard the constitutional rights OF any de-
PENDANT. and the proceeding being for the pur-
pose Of determining the conscience OF the court
whatever transpired there not being under any
suggestion available on the trial before tho
4 jury. the court IS bound, as understand. IN
view OF the decisions. 10 keep secret the evil
denee taken before the commission until the
conclusion Of the trial. / make that statement
| now"
| There was considerable argument hack and
| forth. in which Hfr. Hartridge gave his version
OF how he happened 20 he called into tho sscrat
session. Finally, Mr.. Jerome, after the cour,
had ruled time after time against him. soma
what startled Justice FitzGerald's composurs NV
saying:
II am refused knowledge OF what wen. az
there, and ruling IS made directly apa,pst
my suggestion on the record. and in a case q
which so much time has been spent IN yvb,cr
thousands OF dollars OF the peoples money
have been expended. I submit, SIR, II that /.
the conclusion that the court has arrived at ]
respectfully ask a reasonable time-I don.t
mean any disrespect 20 the court-a reasonable
time, that may consider whether or not The
legal aspects Of this case are such as 10 Justify
my applying 20 the Appellate Division for !
WIZ OF prohibition In order TO determine