The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-28

New York, March 27.-After the Jury
which has been trying Harry K. Thaw
for more than two months past was ex-
cused today until next Monday morning,
and the members of the lunacy commits
sion appointed yesterday afternoon by
Justice Fitzgerald to inquire into Thaw's
present state of mind had been sworn in,
there came tho sudden announcement late
in the afternoon that former Supreme
Court Justice Morgan j. O'Brien, tho
chairman of the commission, had resigned.
In 81 letter to Justice Fitzgerald, Judge
O'Brien stated that upon reflection he was
forced because of tho condition of his
health and professional engagements pre-
viously entered into, to decline to serve
as member of the commission. Justice
FITZGERALD Immediately made a new order,
appointing David Mcclure, a. well known
attorney of this city and a member of
former Police Commissioner McAdoo's ad-
yisory committee of citizens, to I'LL the
vacancy. Mr.. Mcclure met the other men,
bers of the commission this afternoon,
and was selected as chairman. Later he
announced that the first session of the
commission will be held tomorrow after
noon at 2 o'clock in the court room Where
the trial has been in progress.
The commissions inquiry in general VIII
be an open one, although there Will be
executive sessions from time to time.
The announcement of Justice OBrien's S
resignation came as a complete surprise.
When the Thaw jury reported in court
this morning at 10 o'clock Justice Fitz-
gerald was engaged in his chambers with
af a ra01n1i SsiOn. whose
annointnent he announced yesterday.
There were former Justice O'Brien, for
,ner District Attorney Peter b. Olney and
Dr. Leopold Putzel.
Justice Fitzgerald administered tho oath
of office to the commissioners and talked
with them concerning the case and their
duties in connection with the inquiry they
we're about to undertake. The interview
lasted for more than an hour, and then
Justice Fitzgerald convened court and the
three commissioner filed in and took their
places near the clerks desk.
Harry X Thaw was brought into court
and found all the members of his fam
lily awaiting him. He looked exceedingly
well physically, and smiled a greeting to
his mother, his wife, his sisters and
brothers.
Justice Fitzgerald in discharging the
iury until next Monday warned them
to be careful not to discuss the case
in any way, or to read any newspaper
accounts of what is taking place. 1t was
stated that in directing the jvry to re-
port next Monday, Justice Fitzgerald did
not wholly expect that the commission
will be ready to render an opinion by
that time. If the commissions inquiry
Is prolonged. the jury will be called into
court every few days in order that 1t
may be kept intact for a resumption of
the trial should Thaw be declared sane
at the present time.
Following the proceedings in court JUS
tice Fitzgerald had another conference
with the commissioners originally select
ed and when they left the criminal cour&
building at the luncheon hour, it was
announced that they would reassemble
at p. m. At that hour Mr.. Olney and
DIR. Putzel put in their appearance. Mr..
Mcclure arrived soon afterwards and was
usnered into Justice Fitzgeralds cham
oers. His presence was unexplained, how
ever, for more than an hour. Then came
the announcement of Judge OBriens
resignation. and the appointment of Mr..
Mcclure. Messrs. Mcclure, Olney and
putzel conferred for some time, and final
announced that their first formal ses-
ZION will be held tomorrow afternoon,
Ind will be open to the public.