Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1907-03-30
lUNACY BOARD
FOR HARRY THAW
Justice Fitzgerald Names a Commits
sion to Examine Him.
HARD BLOW FOR THE DEFENSE

".'. '.AA- IAfAtANANN NNNn III q ML-
cisicn ordering commission in lun-
acy TO inquire into the present state
az mind OF stanford Whites slayer
( The decision of the three disinterest-
F Ell men named to conduct the inquiry
VIII guide the future action of the
court as % ordering Thaw 90 an asv-
lum for the insane or directing that
the indefinitely interrupted trial for
his life shall proceed.
Justice Fitzgerald announced the
appointment of tho commission pri-
votcly in his chambers Evelyn Mes
bit Thaw was there with the lawyers.
and ID became her task % break the
news 90 her husband in the Tombs
fearful when She left the judges
room. the young woman who has been
such conspicuous figure i'm the trial
from the FIRST to last. was smiling and
cheerful when Thaw was brought
from his cell to- the hospital ward of
the prison Co meet her. Thaw accepted
the courts decision philoeophicaIlv.
and once more declared he had mo
doubt the commission would declare
him a sane man.
The Commission.
The personnel OF the commission
named by Justice Fitzgerald lends
new distinction to this already notable
case. The men who win determine
Thaw's mental capacity are.
Morgan j. OBrien "a former Justice
OF the appellate division OF tho su.
prcme court
Peter B. O'ney. former district at.
torney OF New York county. and
lawyer of high legal attainmcuts
DIT. Leopold Pu;zel "a practicine
physician and an authority ON mental
disorders.
The Thaw jury reported before
Judge FizeeralI and were excused
indefinitely. 30 date has been fixed
Tor the first meeting OF the commits.
sion. Justice Fitzgerald said it would
rest with the commission as to yyhcth. f
or or not Cts hearings shall be public.
In the last case of this sort in tbfs
jurisiiction-thc inquiry into the men.
TAI condition OF Joschna Terranova.
Who killed her aunt and uuclc-the /
commissions inquiry was conducted
behind closed doors. The girl was de-
clared sane and subsequently was
acquitted by the jury.
nav VIII Aid Comm iscion.
The Taaw lunacy commission VIII
be attended by District Attorney Je
rome. The lawyers for the dofendan
VIII also Dee present and the commits. /
sion may direct and compel the attend .
ancc of amy witnesses it may desire. f.
10 is probable chat Thaw viii Doe asked /.
first OF an to submit to q ricid phvsi. /
cal C-amiuatiCn Having uudore,re /
several of these since his incarcera /
ton. he is somewhat nervous ou tlIs|
subject hut b. was said by his couu.
SCI that he would do everything in his /
power 90 aid the commission with t- /
work. and hat he hoped for an early .
opinion ass to his sanity.
Thaus lawyers and the defendant
himself were doWncast when thevI
were h,st made acquainted with jus
uco Fitzeerall decision. but AN welc
manitestir pleased when the later an.
nouncemeut ass to the personnel of the
committee OF inquiry was made. Sir.
Dclmas. in particular. declared that
Justice Fitzgerald could hardly have
selected more generally satisfactory
commission-ard one whose decision
would command more confidence ami
respect District Attorney Jerome
seemed pleased with the result of the.
dramatic appeal he made last week
10 the conscience OF the court. asking
an interruption OF the trial ON the
ground that the defendant was in such
a mental state that he could not in
diligently confer with and advise his
counsel. and did not understand the
nature OF the proceedings AGAINST him.
Impartial Inquiry Necessary.
Justice Fitzgerald summoned all the
lawyers for the defendant and Dis
trict Attorney Jerome before him 10
chamber Josiah and Edward Thaw
brothers of the defendant. and Eve
Ign Nesbit Thaw. his wife. were tele
phoned TO by the attorneys. and quick
ly appeared at the courthouse. In an.
nouncing his decision 70 appoint a cOm.
Justice Fitzgerald read a writ.
ten memorandum which he had pre.
pared from the minutes OF the court.
He based his decision on the conflict
OF afhdavlts as presented by the Cd. ,
posing sides, saying they were too iii. !
ametrically at odds TO permit of a de. ,
cision other than in favor of an i'm. .
partial inquiry.
Messrs. Hartridge and OReilly went ,
with Mrs. Evelyn Thaw to the Tombs. !
and there in the hospital ward they ,
met the prisoner This ward had been ,
placed at their disposal because of ,
the crowd in the usual consultation ,
room. The brothers of the defendant ,
did not so to the Tombs. but hurried :
up town with the news of the commits !
sion 10 their mother and sisters who )
were waiting in their apartments. ,
Thaw had OWNED the result of the
conference with Justice Fitzgerald.
and was not in the least surprised.
1t is all right dearie," he said 10
his wife. i am not afraid OF a commits. :
sion- l am sane man now; just as 6
sane as the Judge himself. and I am +
sure that any fair-minded commission =
will so declare me-" =
The law under which the commits a
~