New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-04-04
THAW INQUIRY AT END
FACES COMBUSTION AGAIN
Question of His Sanity Nay BE De-
cided Before Jury Meets To-day.

After submitting Harry K. Thaw 20 physical
and mental examination, and hearing the wide
~ different opinions OF two moro alienists. DR..
Charles G. Wagner and DR.. Allen Ross Diefen-
dorf, the lunacy commission appointed by JUS
tce FITZGERALD yesterday afternoon announced
that It had ended its investigation into Thaw's
sanity, The report OF the commission, upon
which rests the decision whether Thaw shall be
sent TO the State Asylum for the Insane at
Matteawan or his interrupted trial for killing
Stanford White shall go on, It is confidently
expected VIII be made TO Justice FitzGerald
before the Jury reconvenes at 1920 this morn
ing.
The two alienlsts. one for the defence and
one for the prosecution, testified at the open
session in the morning. The alenist for the
defence as was expected. said that Thaw is
sane in every way. The alenist for the prose-
cution said he was insane and incapable Of
either comforting or consulting with counsel or
understanding the nature or gravity OF his
crime.
During the morning. too. a physical examlna-
ton of the defendant was made by DR.. Leopold
putzel the alienist member Of the commission
It took over an hour. Many OF the tests Tecog-
nized by insanity experts were used. such as the
Romberg test. tests for re1exes. tests for direc-
tion tests of the pupils Of the eyes, tests for in
voluntary muscular action, etc. During them
Thaw was partially dsrobed, but never wholly
so. In the afternoon mental examination was
made IN the course OF which Thaw was asked
about his life for several months before the
shooting. 1t was said that he made very
good showing before the commission and there
were not wanting prophets who were sure that
the report to the court would declare that Thaw
sane.
DR.. Diefendorf was first called He said he
thought Thaw killed White while suffering from
decisions; that he is not now capable OF con-
sulting properly with counsel and that the an
nOtated newspaper clippings Thaw sent TO Mr..
Delmas were not the product OF a we'll ordered
mind DR.. Wagner testified that he thought
Thaw quite able TO consult with his law
yers. In answer to Mr. Jerome, however, he
refused to state positively that the defendant
was now sane. but said that Thaw was perfectly
coherent. sensible, had good memory and had
no decisions.
During the examination of Thaw the corridors
OF the Criminal Court building crowded
with those interested in the trial, including Eve
lyn Nesbit ThaW, all her counsel and District
Attorney Jerome. II was an almost unprece-
denied proceeding to exclude the District At
Justice FitzGerald will be in the Criminal
Branch OF the Supreme Court this morning at
1890 o'clock when the jury will again appear.
III the commission reports In Thaw's favor the
rest OF the trial will take less than q week it
Is expected There were FumOrs yesterday that
the commissioners will stand two TO one for
sanity, with DR.. Leopold Putzel In the minority
In that case Justice FITZGERALD will have to de-
eide which report to accept.
When the trial was halted by the appointment
or the commission in lunacy the defence was
putting in its surrebuttal If the trial Is re-
sumed the defence, Ii was said, would rest it's
case, and Mr.. Delmas would probably begin
70 sum UP. Mr.. Delmas did not appear in court
yesterday. He was said to be in his office pre-
pariDg his address. BY agreement. he is 10 sum
up one day and the District Attorney will
take the following day. Under any circum-
stances therefore, 1t appears certain that Thaw's
Kate VIII DC decided some time next week.