Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1907-04-04
THAW FOUND
TO Be SANE
By Lunacy Com
mission Which Re-
ported Today
TRIAI MIII pR0cEEn
TRIAL WILL PROCEED
Verdict Quite Voluminous---
Contents Will Not Be
Made Public.

NV lOIh, hplll t.-TI1dIIy IN. Hd"
was today declared to be sane by the
Commission in Lunacy appointed ten
days ago to inquire into his mental
and physical conditions. The finding
of the Commission was couched IN the
language ordered by Justice Fitzger-
aid at the time the court decided for
the inquiry.
Verdict Unanimous.
The Commissioners declare 1t 10 he
their unanimous belief "That the de-
fendant, Harry X. Thaw is capable Of
rightly understanding his own pos,-
tion, of appreciating the nature of the
charges against him and of nationally
comforting with his counsel at the time
of examination" The entire report
covers three typewriter pages and
will not be made public.
Court Ruled Against Jerome.
District Attorney Jerome said if the
court ruled against his application for
access to the minutes of the Commits
sion in Lunacy he would ask time to
decide whether he would apply to the
appellate division of the court for q
writ OF prohibition to prevent the trial
proceeding. Justice Fitzgerald dis.
charged the jury until Monday, de-
clining to grant more time for Jerome
to apply to the appellate division of
the court for a writ of prohibition
Jury Had to Be Excused.
When Justice Fitzgerald called
the Thaw jury into court at
IL o'clock this morning the Com
mission in Lunacy appointed to
inquire into the mental and physical
conditions of the defendant had not
been able to agree on verdict. The
J9ry was excused until o'clock by
which time Justice Fitzgerald said he
hoped he would have something def
mite before him.
Held All Night Session.
The Commission sat up until z
o'clock this morning to agree on a re-
port but failed It went into session
again in Justice Fitzgerald's cham
Der at 10:30 o'clock today. Justice
Fitzgerald was very anxious to have a
unanimous report from the Commits
sion one way or the other and it was
for this reason that he decided to
give them more time.
One Commissioner Left.
Following the adjournment of court
Justice Fitzgerald again went into con
ference with the three Lunacy Com
mssioners. In less than fifteen min
utes DR.. Putcel, a member of the
Commission, left the chamber alone
He walked out of the criminal courts
building briskly and with an air O
finalit.'
Two Reports Submitted.
His action in withdrawing from the
conference gave rise to the report tha
he had submitted a minority repor
and that he was unwilling to change
his views in any way. DR.. Putcel de
clined to discuss the matter in an!
way
It was said that his report declared
that while Thaw was apparently able
to consult with his counsel in fairly
rational manner, that this did not In
dicate that he was mentally sound ir
every way. The majority report 1t is
said declared Thaw is sane.
May Accept Either Report. J.
It was said in the district attor
ney's Office today that Justice Fitzger
aid has right to accept either the
majority or minority report as his
conscience dictates. There is a pre-
cedent it was added for the accept
ance of minority report from the
Commission in Lrnacy.
Fitzgerald Undecided.
1t was reported that Justice Fitz
gerald adjourned court in order t
consult authorities as to which report
If either, he should accept under tn
circumstances.