The Birmingham age-herald., 1907-04-04
Members of Commission Shake Hands With Prisoner AfIei
 Making Secret Test
FEELS CONFIDENT HE IS
 ID BE DECLARED SANE
Counsel Share Optimistic view-Je. rome Silent--Believe Delmas Will Begin Summing Up Ad
 dress Before Noon.


 New York. April 3.-Tomorrow brings another critical stage in the case of liar " K. Thaw. when the slayer of Stanford White will either be officially proclaimed insane and ordered sent to state asy- lum or his trial will be resumed before Justice Fitzgerald upon the finding of the lunacy commission that the defendant is at this time capable of rightly under- standing his own position, of appreciating the nature of the charges against him and of rationaily advising with his counsel The commission completed it's work to- night and will be ready to report to Jus tlee Fitzgerald tomorrow morning.
 Thaw underwent a private mental and physical examination for more than two hours this afternoon In this last crucial test he was entirely alone before the commission, even the district attorney and the members of his own counsel be- ing barred.
 When the three members of the com mission had completed their final exam nation they shook hands with Thaw ln a most cordial manner. He went back to his cell in the Tombs with a light heart and declared later to his counsel that he felt the commission would surely declare him sane tomorrow. The attorneys shared their clients optimistic view of the sltua- ton.
 District Attorney Jerome would not commit himself in any way. Thaw's counsel declared they were ready to pro- ceed with the case tomorrow and be- lieved that Mir. DalInas might begin his summing up address before noon. In that event they said MT. Jerome would address the jury on Friday and verdict might be expected before the end of the week Report Not Published. There is little or no likelihood that the report of the commission which has in- auired into Thaws present mental state VIII ever be made public If the decis- lon fayors Thaw, Justice Fitzgerald will merely order the trial to proceed without any reference whatsoever to the inter- ruption which began two weeks ago. Should the decision be against Tbaw Justice Fitzgerald would have 10 ouolo put briefly from the formal finding of the commission in hls order committing tho young man to an asylum. If committed Thaw would have to remain In the asy- lum until declared sane by the superin- tendent of that institution. Then he would be brought back to this city and tried again.
 The last public session of the commis- sion was held this morning to hear the testimony of two more aiienists pr. AL len Rose Diefendorf of Middleton, Conn. for the prosecution and Dr. Charles c. Wagner of Binghamton. N. r., for the defense. Dr. Diefendorf gave purely academic decision based upon assumed facts and writings of the defendant and declared Thaw was incompetent
 Dr. Wagner said he had talked with the prisoner almost daily for nearly two months and had been unable 10 find any thing upon which to predicate an opinion Of mental unsoundness at this time
 lie was not willing to go on record however. as specifically declaring Thaw lo be in every sense a sane man. He said he had not sufficient facts before him or sufficient time in which to reach so pOSltlVe a cpuEluslOn.
 pr. Diefendorf.
 When the Thaw lunacy commission went into session today. District Attor- ney Jerome called to the witness stand Dr. Allen Ross Diefendorf, superintend- ent of the state hospital for the insane at Middletown, Conn, and professor of men, tai and nervous diseases at Yale unlver- ,ft. state at the trial of Thaw, declaring the defendant knew the nature and quality of his act when he shot and killed Stan ford White and knew the act was wrong. To the commission today the alienst declared that from what he had seen of Thaw and the writing he had examined, he was of the opinion that Thaw is not now capable of rightly understanding his own position, of appreciating the nature of the charge against him, or of rational- ly advising his counsel.
 Dr. Diefendorf examined at some length the twenty-four pages of suggestions made by Thaw to MT Demas for his up address and declared they emanted from a diseased brain. The com mission asked the witness to point out what he considered insane evidences among the memoranda. Dr. Diefendorf pointed out one passage which District
 
 "I must protest against this" inter- rupted Mir. Hartridge of Thaw's counsel These papers were produced for the ben- eft of the commission at q secret ses- sion and the district attorney is read ing them to the reporters. It is another case like the Lyon letters from Pittsburg They were sent here to the clerk of the court. It was agreed they might be copied in the district attorneys office, and then they mysteriously appeared in the newspapers
 Takes Shot at Jerome.
 There was nothing mysterious about the publication of those letters' said Mir. Jerome .f gave them out myself They were public documents produced in open court
 But they had not been admitted in evidence" retorted Mir. Hartridge.
 Chairman Mcclure put m end to the --------<>~--~--~~~~~-