The Chanute times. [volume] (Chanute, Kan.) 1897-1913, 1907-04-05
FACES AN ASYLUM
Judge Fitzgerald Appoints Lunacy
Commission to Decide Mental
Condition of Harry Thaw.
MAY NOT AGAIN FACE JURY
If Declared Insane and in Future
Should Regain His Reason He
Would Then be Placed
On Trial.


Thaw may never again face the jury
empanelled more than nine weeks ago
to try him on the charge of murder
in the first degree. Justice Fltzger-
aid Tuesday Unexpectedly ordered a
commission in lunacy to inquire INTO
the present state of mind OF stanford
Whites slayer The decision of the
three disinterested men named to coll
duct the inquiry will guide the future
action of the court as to ordering
Thaw to an asylum or directing that
the trial shall proceed.
Justice Fitzgerald announced tie
appointment of the commission prl-
vately, in his chambers.
Morgan ]. O'Brien, former justice
Of the appellate division of the SUI
preme court; Peter B. Olney, former
district attorney of New York county
and lawyer of high legal attain
ments; Dr.. Leopold Putzel, practic-
ing physician and authority on mental
disorders were named as members Oh
the commission.
The Thaw lunacy commission VIII
be attended by District Attorney Jer-
ONE. The lawyers for the defer danc
Will also be present md the comm q
sion may direct and cn'npel the atten-
dance of any witness it may desire. 1t
is probable that Thaw will be asked
first of all to submit to rigid phys
ical examination. Having undergone
several of these since his incarcera-
ton, he is somewhat nervous on IRIS
subject, but it was said ~ his couh-
sci that he would do anthlng in mis-
power to aid the commission With its
work and that he hoDsi for III early
opinion as to his sanity.
In announcing his dn,is,oA to ap
point commission, Justice tltz-
gerald read a written memorandum.
He based his decision on toe conflict
of affidavits as presented by the OPP
posing sides, saying they were too Ola
metrically at odds to polmit of de-
cision other than in favor Of an i'm
partial inquiry.
The law under which the commits
sion was appointed Tuesday provides
that the commissioners must take
oaths as referees; they must be at
tended by the district attorney and
counsel for the defendant and may
compel the attendance of witnesses.
The statute provides that If the COM
mission finds the defendant insane
he shall be sent to an asylum until
such time as he may become sane
when he shall be returned to the GUS
tody of the sheriff to be tried for the
crime with which he is charged
New York March 2S.-After the
jury which has been trying Harry X.
Thaw for more than two months past
was excused Wednesday until next
Monday morning and the members OF
the lunacy commission named to in
1uire into Thaws present state OF
mind had been sworn in, there came
the sudden announcement that For
mer Supreme Court Justice Morgan
]. O'Brien, the chairman of the com
mission, had resigned. In letter to
Justice Fitzgerald Judge O'Brien stat
ed that upon reflection he was forced,
because of the condition of his health
and professional engagements prev
iously entered into, to decline to, serve
as a member of the commission.
Justice-Fitzgerald Immediately made
a new order appointing David McClurt
a well known attorney of this city ant
a member of former Police Commits
sioner McAdoo's advisory committee
of citizens to fill the vacancy. Mr. Nc
Clure met the other members We'd
nesday afternoon and was chosen as
chairman. Later he announced that
the first session of the commission
will be held Thursday afternoon al
. O'Clock. The commissions inquiry
in general will be open, although
there will be executive sessions from
time to time.