Los Angeles herald., 1907-04-05
Trial May Proceed Monday

unless Mr. Jerome SnOulu secure II
writ of prohibition in the meantime,
Justice Fitzgerald is expected to an
nounce on Monday morning that he
has confirmed the report of the COM
mission and order that the trial pro-
ceed.
The district attorney and counsel for
the defense will be heard in argument
as to the confirmation of the report
at Mondays session if they so desire.
After adjournment Mr.. Jerome issued
a statement saying he could not tell
until after a thorough examination OF
authorities whether or not he ought
to take further action in the way Of
application to the appellate division.
Should he reach the conclusion after
examining the law that Justice Fitz-
gerald has not committed legal error
in refusing him access TO the com
missions minutes, he would, OF course.
take no further action.
Mr.. Jerome declared that If he made
applIca tion to the higher court II would
be because of the precedent set by
Justice Fitzgerald and not particularly
because of the effect in this case.
Mrs. Thaw Hears Verdict
Thaw was not In court to hear the
decision. The jury was also excluded,
and both prisoners and Jurors were
out of range OF the district attorneys 8
discussion. All the members of the
Thaw family. including the mother and
wife of the defendant, were present,
however. and their keen delight over
the announcement OF the favorable re-
port was turned into alarm at the un-
expected attitude of the district at
torney. whose threat to take the mat
ter before the appellate division of the
aTl IN l.
Gus delay in the long drawn out trial
The news of the verdict was carried
to Thaw. He expressed satisfaction
but not surprise. There has never been
at any time since the commission was
appointed that the defendant was not
oxDRctant Of a favorable decision. He
said today he felt lucky because 1t was
the second anniversary of his marriage.
Justice Fitzgerald had long con-
sultation with the three commissioners
prior to the morning session and then
announced that there would be no de-
cision before 2 o'clock.
Meanwhile DR.. Putzell withdrew from
the conference and gave color to tho
report that he was at outs with his fell
low members.
The unanimous report therefore came
as a complete surprise. In handing 1t
down Justice Fitzgerald gave no ink
llllB WllhNtNfl Hb w WV Illhlllkot hih
az tho result was not read In court few
of those In the crowded room knew
what the verdict had been made. Mr..
jerome made his ploa without perusing
the report. He evidently had OWNED
It's contents, however, although he care
fully prehxed the phrase IF the report
should be unfavorabe to my conten-
ton" to all of his remarks
Receives Report
Before the storm OF the district at
torneys protest broke Justice Fltzger-
aid had handed to him and to Mr.. Hart
ridge, of counsel for the defense. carbon
copies OF the commissions full report.
II was from the defendants counsel
table that the nature OF the decision
first became known. Mr.. Hartrldge
rushed over and whispered to Mrs.
William Thaw and TO Mrs. Evelyn Nos-
bit Thaw, and then sent a messenger
hurrledly to the defendant with the
tidlngs
When the report finally fell into the
possession of the newspaper men II
was seen to be sweeping Victory for
Thaw. II confirmed the report of the
excellent showing he had made before
the commission In both his mental and
physical tests, aud also indicated that
the only expert testimony which the
commission hGd taken into considera-
tion was that Of the physicians who
had had an opportunity TO examine
Thaw and talk with him almost daily
during the trial.
The testimony OF the other experts
who answered from hypothetical ba-
sis was declared by the commission to
be irTeconcilabe. The most Significant
paragraph IN the report reads;
1.-THE direct oral and physical exam
ination OF the defendant by the com.
missiOners themselves disclosed no In
sanity IN the defendant ~ the present
time"
Regarding the suggestions Thaw
! made TO his counsel Mr.. Delmas, Tor his