Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1907-03-27
Justice Fitzgerald Decides to Ap-
point a Commission TO
Test His Sanity.
O'BRIEN, OLNEY, PUTZEL NAMED
Wife Is Cast Down Over the Turn AZ
fairs Have Taken, but Thaw Com
forts Her from His Cell--Declares
that the Examiners Cannot Help
but Find that He Is Enjoying Good
Health at the Present Time.

NEW YORK, March 27.-HaTy X.
Thaw may never again face the jury
impaneIed more than nine weeks ago
to try him ON the charge of murder in
the first degree. Justice Fitzgerald un-
eXpectedly handed down Il decision or
dcring IL commission in lnnacy to in
quire into the present state of mind of
Stanford Whites slayer. The decision
of the three disinterested men named
to conduct the inquiry will guide the
future action of the court as to order
ing Thaw to an asylum for the insane
or directing that the indefinitely inter
rupted trial for his life shall proceed.
Justice Fitzgerald announced the ap-
pointment of the commission privately
in his chambers. Evelyn Nesbit Thaw
was there with the lawyers, and it be
came her task to break the news to her
husband i'll the Tombs. fearful when
she left the judges rooms in the crimi-
nal courts building, the young woman
who has been such IA conspicuous fig
ure IN the trial from first To last was
brought from his cell TO the hospital
ward of the prison to meet her. Thaw
accepted the courts decision philo-
sophically and once more declared he
had no doubt the commission would
declare him sane man.
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 ]. O'Bren. Il former justice
of the appellate division of the state
supreme court
Peter h. OIney, former district attor-
ney of New York county and n lawyer
of high legal attainments.
Dr. Leopold Putzel, practicing ply
sician and authority on mental disor.
ders.
Former Justice O'Brien is one 80 the
trustees, with Grover Cleveland. OF lie
Hyde stock in the Equitable Life AS
surance society purchased by Thomas
+. Ryan just prior to the insurance i'll
vestigation. When he was a candidate
for reelection to the bench in 1891 as
a Democrat, Justice O'Brien was unop-
posed. President Roosevelt made Il
trip from Washington to Oyster Bay
to cast his ballot for him.
Before being elected district attorney
of New York county in 1888 Mr.. Olney
had been Il member with William g.
whitman of fbo commission onnoiutn
in 1879 to revise the laws of the state
public interests in New York
city. He is a graduate of Harvard.
DR.. Putzel, the third member of the
commission, is Il graduate of Bellevue
Hospital Medical school and has had u
long experience in that institution. He
is qualified before the state medical
board as an examiner in lunacy.
The Thaw jury was ordered on last
Friday to report before Justice Fitz-
gerald this morning at 1890 O'clock,
and at that hour there was brief
court procedure, the jury being ex-
cused indefinitely.
ut is all right, dearie," Thaw said
TO his wife. II am not afraid of a
commission. | am a sane man now,
Just as sane as the judge himself. and
| am sure that any fair minded com
mission will SO declare me"
Later Thaw sent out "A statement in
which he said:
Everything is perfectly satisfactory
to me. | am sure | will be aine to
satisfy the commission that am sane
at the present time. Anything Justice
Fitzgerald does is all right He has
always acted in fair and impartial
manner"
LARGEST cnlatiOn-enOn2h said.