Daily press. [volume] (Newport News, Va.) 1896-current, 1907-04-05
THAW DECLARED SANE;
JEROME WILL APPEAL
District Attorney Claims That The
Commission Had no Right
TO Bar Him.
HEATED ARGUMENT With JUSTICE
Commission of Lunacy Declares That
the Accused Man Is Thoroughly
Capable Of Understanding What is
Going On at the TriaI-case Ad.
journed Till Monday.
(By Associated Press !,

(By Associated Presa.1
NEW YORK, April 4.-Harry X.
Thaw today was declared sane by the
reoprt Of the commission in luna,S
appointed to inquire into his present
mental condition.
The moment the decision was
handed down from Justice tiger
AIDS desk, District Attorney Jerome
was on his feet vigorously protesting
against its conformation by the
court.
He argued that he had been ex-
cluded from the last session of the
commission and demanded to l., al.
lowed to have access to the minutes
and stenographic notes of what trans
PRED at the final mental and physi-
cal examination of the defendant.
When Justice Fitzgerald declined
TO turn the minutes over to the dis
trict attorney, Mr.. Jerome declared
he would carry the case to tie Ap-
pellate Division of the Supreme
Court, asking that writ of pronibi.
ton or mandamus be granted to pre-
vent continuance of the Thaw Trial
until the higher court had ruled UPON
the legality of the commissions
course.
Justice Fitzgerald reminded the last
session of the commission by sug-
costing himself that all the attorneys
be excluded from the sitting in cues
.tlon. He then granted the district
attorney an adjournment until Mon
day next in order that he might have
time to prepare his application to the
Appellate Division.
MIR. Jerome protested the time was
httf T,,. NH ,
cut him short with the announcement
that the trial must be concluded forth
with.
Unless Mr.. Jerome secures a writ
of prohibition in the meantirir Jus.
tice Fitzgerald is expected TO an.
nounce on Monday INIT he mas CON
firmed the report of the conmission
and order that The trial nracec,l with
out further delay. The district attor.
ney and the counsel for the defense
VIII be heard in argument as to the
continuation of the report at Mon
days session of the court if they so
desire.
After the adjournment today Mr.
Jerome issued a statement in whicn
he said he could not tell until after
thorough examination of authori-
ties whether or not he ought to take
further action in the way of an appli.
cation to the Appellate Division
Should he reach the conclusion, after
examining the law on the subject,
that Justice Fitzgerald had not COM
mitted legal error in refusing him ac-
cess to the commissions minutes, ho
would take no further action.
Wants Precedent Established
Mr.. Jerome declared that if he
made an application to the higher
court 1t would be because of the pre-
cedent set by Justice Fitzgerald and
not particularly because of the effec.
in this case.
Thaw was not in court to hear the
decision. The jury which has heard
the testimony against him was also
excluded and both prisoner and jur-
ors were out of range of the district
attorneys heated discussion with Jus.
tcc Fitzgerald. Ali the members of
the Thaw family, including the moth
er and wife of the defendant, were
present, however, and their keen de-
light over the announcement of the
favorable report from the commission
was turned into alarm at the unex.
pected attitude of the district attor-
ney, whose threat to take the mat
ter before the Appellate Division of
the court seemed to involve another
serious delay in the long drawn out
trial.
Thaw Was Not Surprised.
The news of the commissions YER
dict as to his present sanity was car
ried to Thaw in the prisoners pen.
He expressed satisfaction, but not
surprise. There has never been a
time since the commission was ap-
pointed that the defendant has not
been wholly confident of favorable
Decision. He declared today that he
felt especially lucky because it was
the second anniversary of his marri-
7 age.
The decision came during the after
noon session of the court and after
reports, based upon significant cir.
cumstances had gained wide circula-
ton that the commission was split
and could not reach an agreement,
Tie report therefore came as sur.
prise.
Before the storm of the district at