The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-03-28
The Personal Examination Will
Be Conducted i'm Private.
THAW GROWS NERVOUS
Friends Fear That He Will
Collapse Under Ordeal.
Will 60 on Stand and Answer
All Questions.

New York. March 2S.-The commits
sion in lunacy appointed by Justice
Fitzgerald of the supreme court to in
quire into the present mental condi-
ton of Harry K. Thaw held it's first
public sessions this afternoon in the
court room where the Thaw trial has
been in progress since January %. The
commissioners took their places on the
judges bench shortly after 2 p. m.
David Mcclure, the chairman, sat in
the center, with Peter B. Olney on his
right, and DR.. Leopold Putzel on his
left
Thaw was brought before the COM
mission Immediately and took a place
directly in front of the commissioners
counsel. District Attorney Jerome and
Assistant District Attorney Garvan
were present, as provided by law
Evelyn Nesbit Thaw was present, as
and Edward Thaw
The proceedings were opened with
the reading of the courts order ap-
pointing a commission. Clifford w.
fdartrldge acted as senior counsel be-
fore the commission. He announced
that Thaw was ready at any time to
submit to a personal examination by
the commission, but suggested that it
be private and be confined solely to
the present state of his mind
Mr.. Thaw reminded the commission
ers that Thaw is on trial for his life
and that 1t would not be fair to him
to have his examination made public
Mr.. jerome said he had no desire to
attend medical examination of the
prisoner If the commission decided to
make one by themselves. Chairman
Mcclure then announced that any men
tai or physical examination of Thaw
would be private, only the commission
ers, the defendant and counsel being
permitted to be present
Chairman Mcclure added that he
did not think an elaborate physical
examination would be deemed neces-
sary. The commissions observation
of the defendant at his mental exam
nation he thought would be sufficient.
District Attorney Jerome at this
point went at some length into the
history of recent commissions. In 1un-
acy in this jurisdiction giving the com
mfssioners all the information at his
command. He then as1ed to be in
as to how far the commission
desired to go in the matter of testi-
mony. He said he would be glad to
bring the Thaw family physicians, Dr.
Deemar and Bingaman from Pennsyl-
vania, If the commission desired and
also would be glad to put any alien
lists on the stand.
Daniel O'Reilly of counsel for Thaw
said that Thaw will surely take the
witness stand before the commission
and answer all of it's questions, and
cal examination by any experts sent to
him for that purpose. Thaw's other
lawyers had nothing to say on this sub
ject.
1t was said about the criminal courts
building last night that it may require
a week or more for the commission to
hear all of the witnesses who will be
cited to appear. In any case the COM
mission will expedite it's work by al the
means in it's power.
AS it is Thaw is becoming nervous
and excitable under the strain. His
friends and relatives fear that he will |
break down unless the case ends soon |
His wife, too, is giving way. When |
she was in court yesterday with the |
prisoners mother and brothers and sis |
ters, it was noticed that her cheeks |
were pale and sunken and her brow was |
wrinkled. When she and Mrs. William |
Thaw went to Thaw's cell after he had |
been told by his lawyers that Justice !
had appointed Mr.. Mcclure in |
place of ex-Justice O'Brien, it is said |
that she collapsed. But the elder Mrs. |
Thaw is reported to have borne herself |
with much fortitude. Thaw Is said to |
have been almost violent over the pros
pect of further delay