The Washington herald., 1907-03-27

New York. March 26.-Whether OF not
Harry K Thaw is now sane and able ia
advise with his lawyers is TO be decided
by lunacy commission. The commission
was appointed this afternoon by Justice
Fitzgerald. before whom Thaw has been
on trial for the murder OF Stanford
White. The members OF the commission
lare Morgan J. O'Brien, former presiding
Justice Of the appellate division; Peter b.
lOiHey. a Well-known lawyer in this city,
and Dr Leopold Putzel
The appointment Of the commission was
la severe blow to the lawyers for the de-
lfense. who have Drofessed to believe that
Il would not be appointed but who really
Threaded its appointment and now fear its
ldecision- For on the opinion of the COM
omission rested whether the trial of Thaw
lwill be continued or whether he Is sent
Ito the asylum for the criminal insane at
Matteawan. The thing that has worried
iThaw most since he has been in the
lTombs has been the prospect of Mattea-
wan. Ills lawyers looked very solemn
when they heard Justice Fitzgerald's de-
icision, and one OF them voiced the feelings
iof the rest when he said: 1t is the worst
thing that ceuld have happened" a few
minutes later Mrs. Evelyn Thaw, the only
woman member Of the Thaw family watt
ling al Justice Fitzgerald's chambers. came
lup crying and much more detected than
she has appeared at any time during the
trial
Sends for the Attorneys.
Justice Fitzgerald spent all the morning
lin his chambers reading over the afidavits
presented by both sides. At / O'Clock jus
tice Fitzgerald had made up his mind
what he was going to do. so be sent word
10 the lawyers 10 be at his chambers at
O'Clock. They were all there. The district
lauomeys Office was represented by
jerome and Garvan. For the defense were
tMessrs. Delmas. McPike. Harridge. Pea
lbody. Gleason. and O-Relly.
All the lawyers went into Justice Fitz-
geTaid's chambers. For about hfteen
minutes the judge talked 70. them. While
Everybody was averse 10 telling what
happened on the ground that il was more
or less Of a confidential proceeding. jus
tice Fitzgerald said that the sfhdavits
lpresented to him were very contradictory,
and as an appeal had been made 10 his
conscience, he felt il was his duty 10
tested and impartial men. which the law
prOvided for in such a contingency. Fur
theTmOre, Justice Fitzgerald said that il
was not question, in hts mind. which
could or should be settled on afhdGvits
alone. and that was one Of tae reasons
for his appointing commission. Briefly,
that is what Justice Fitzgerald told the
lawyers. He added that he would let the
lawyers know the names of the members
Of the commission before the session was
over. Mir. Jerome was the first man out
OF the judges room. He was followed by
IGarvan. and the ThaW lawyers followed
latter him As Jerome pushed through the
Icrowd. he was asked for the decision.
"A commission" he said, with a tone Of
satisfaction.
It was apparent that the Thaw lawyers
were not pleased. Delmas wouldn't say
anything, adding that he would not have
anything TO say on the subject at all.
All the lawyers except Peabody, said the
same thing. Peabody said:
ITS the worst thing that could have
happened"
Goes 80 See Her Husband.
Lawyers Dan O'Reilly and Hartridgs
went to the witness room, where young
Mrs. Thaw had been sitting for some
time waiting for the decision. She came
out with the two lawyers and went over
to the Tombs.
She was heavily veiled. but il could be
seen that she was sobbing snd crying and
very much disheartened When she got
TO her husbands cell she threw her arms
around his neck and Kissed him. If Thaw
should go to the madhouse, il might mean
very much for this young woman His
doctors have sworn that he was insane
when he married her. and under the law
lof Pennsylvania insanity is enough to
annul a marriage.
Thaw took things calmly enough. After
ne had talked with his wife, he said:
1T win come out all right I can prove
lconclusively that / am sane. I am per-
lfectly satisfied with whatever ruling jus
tice Fitzgerald may make. He always
treated me very fairly in my trial and 1
am sure he will continue 10 treat me
fairly. I am not afraid Of a commission
in lunacy. I am perfectly willing TO go
before such a commission and prove to
them that I am sane When ] have
iproved that, I regard my acquittal by the
jury as certain
Formal Announcement Made.
II was some time before the formal an
lnouncement was made By Justice Fitzger-
aid that a commission had been ap-
pointed
/ At three AlSAfHcis Bl Tue EGttlLtttS1tlM
were Immediately notified OF their ap-
pointment. It is probable that they viii
meet to-morrow and organize, The jury
which has been trying Thaw has been or
dered to report TO Justice Fitzgerald ko-
morrow morning. Il viii depend on what
the commission decides to do as to how
long the jury will be excused. pending the
report OF the commission. Il is quite
likely that before anything IS done to-
morrow morning Justice Fitzgerald will
| consult with the counsel for both sides on
the question OF how long to excuse the
/ jury.
It is up to the commission 10 decide
whether their sessions shall be closed TO
the public or open. It is not unlikely that
Morgan J. O'Brien will be the chairman
OF the commission.
/ It Is mere guesswork on how long the
| commission viii sit
/ The commission may make d unani-
nous report. or q majority and minority
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