The Marion daily mirror. (Marion, Ohio) 1892-1912, 1907-03-27
To be Applied to Thaw by
LunaCy Commission.
JUDGE FITZGERALD
Names ex-Justice O'Brien and P. B.
OIney, Lawyers, and DR.. Put
eel as Commissioners.

New York, March 27..Harry X.
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 Fitzgerald
on Tuesday unexpectedly handed
down decision ordering a commits.
sion In lunacy to inquire into the pres
ent state OF mind OF Stanford Whites
slayer. The decision of the three
men named to conduct the inquiry
will guide the future action of the
court as to ordering Thaw to an asy.
lum for the Insane or directing that
the Interrupted trial shall proceed.
Justice Fitzgerald announced the
appointment OF the commission priv
ately in his chambers. Evelyn Nesbit
Thaw was there with the lawyers and
1t became her task to break the news
to her husband In the Tombs. fearful
when she left the judges rooms in the
criminal courts building. the young
woman who has been such conspicu.
Gus figure In the trial was smiling and
cheerful when Thaw was brought
from his cell to meet her. Thaw ac-
ccpted the courts decision philos0ph-
ically and declared he had no doubt
the commission would declare him a
sane man to-day.
The personnel OF the commission
named by Justice Fitzgerald lends a
new distinction to this already no.
table case. The men who will de-
termine Thaw's mental capacity are:'
Morgan j. 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; DIR. Leopold Putzel, practic-
ing physician and authority on mental
disorders.
Ex-Justice O'Brien is one OF the
trustees. with Grover Cleveland, OF
the Hyde stock in the Equitable Life
Assurance Society purchased by
Thomas f. Ryan just prior to the in
surance investigation. When he was
a candidate for reelection to the
bench in 1901 as a democrat Justice
O'Brien was unopposed. President
Roosevelt made trip from Washing
ton to Oyster Bay to cast his ballot
for him.
Before being elected district attor-
ney OF New York county In 1888. Mr..
Olney had been a member with VIII.
lam c. Whitney of the commission
appointed in 1879 to revise the laws
OF the state affecting public interests
in New York City.
DR.. Putzel is graduate Of Bellevue
Hospital Medical School and has had
a long experience in that institution.
He is qualified before the state medi.
cal board as an examiner in lunacy.
No date had been fixed last night
for the first meeting Of the commits
sion. There probably will be some
definite announcement on this point
to-day, for the law under which the
commissioners were appointed directs
that they proceed with their inquiry
forthwith. Justice Fitzgerald said IL
would rest with the commission as to
whether or not its hearings shall be
public. In the last case of this sort In
this jurisdiction--the inquiry into the
mental condition of Josefina Terra.
nova, who killed her aunt and uncle
the commissions inquiry was conduct
ed behind closed doors. The girl was
declared sane and subsequently was
acquitted by the Jury.
The Thaw lunacy commission will
be attended by District Attorney
Jerome. The lawyers for the defend.
ant will also he present and the com.
mission may compel the attendance of
any witnesses 1t may desire. 1t is
probable that Thaw will he asked first
of all to submit to rigid physical ex.
animation. Having undergone several
OF these since his incarceration, he is
somewhat nervous on this subject, but
1t was said last night by his counsel
that he would do everything in his
power to aid the commission.