Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1907-04-08
THAW HELD SANE;
JEROME PROTESTS
DISTRICT ATTORNEY MAY TAKE
AN APPEAL.
EXCLUDED FROM HEARING
Objects Because He With Other
Lawyers Were Not Allowed to Be
Present When Commission. Made
Last Examination of Defendant
Trial Adjourned.

New. York, April 5.-Harry X.
Thaw was declared sane by the unan-
imous report of the commission In
lunacy appointed to inquire into his
present mental condition. Inc mo
ment The decision was handed down
from Justice Fitzgeralds desk, Jer-
ONE vigorously protested against its
confirmation by the court. He
charged that he had been excluded
from the last session of the com
mission, and demanded to be allowed
to have access to the minutes and
stenographic notes of what transpired
at the final mental and physical ex
animation of the defendant
When Justice Fitzgerald declined
to turn the minutes over % the dis
trict attorney Jerome declared he
would carry the case to the appellate
division of the supreme court asking
a writ of prohibition or mandamus
to prevent continuance of the Thaw
trial until the higher court had ruled
upon the legality Of the commIssion's
course
Justice Fitzgerald reminded Jerome
that he had waived his statutory
right of attending the last session of
the commission by suggesting himself
that all the attorneys be excluded
from the sitting in question He then
granted the district attorney an adj
Journment until Monday in order that
he might have time to prepare his
application to the appellate division.
Jerome protested that the time was
not sufficient, but Justice Fitzgerald
cut him short with the announcement
that the trial must be concluded
forthwith
Unless Jerome should secure d
writ of prohibition meantime, Justtce
! Fitzgerald is expecteH to announce
Monday that he has confirmed the
report of the commission and order
the trial to proceed without further
delay.
After the adjournment yesterday
(
he said he could not tell until after
, thorough examination of the authorI-
ties whether Or not he ought to take
| further action in the way of applica
ton to the appellate division Should
he reach the conclusion after exam
lining the law on the subject, that JUS
Justice Fitzgerald and not particu-
| legal error in refusing him access TO
the commissions minutes, he would
! of course, take no further action
Jerome declares that if he made .ap-
plicatiOn to the higher court it would
be because of the precedent set by
! Justice Fitzgerald and not particu-
larly because of the effect in this
case
In handing down the commits
sion's report Justice Fitzgerald gave
no inkling whatever as to the finding
and as the report was not read in
court few of those in the room knew
what the verdict had been Jerome
made his plea without perusing the
report. He evidently had OWNED It's
!,
district attorneys protest broke, Jus
ice Fitzgerald had handed to him ana
to Hartridge, of counsel for the de-
tense, carbon copies of the commits
sion's full report. 1t was from the
defendants counsel table that the ma
ture of the decision first became
known. Hartridge rushed over and
whispered to Mrs. William Thaw and
Mrs. Evelyn Nesbit Thaw and then
sent messenger hurridly to the &c
PENDANT with the tidings.
Sweeping Victory for Thaw
When the report finally fell into
/ the possession of newspapermen il
was seen to be a most sweeping vic
tory for Thaw 1t confirmed the re.
ports of the excellent showing he
had made before the commission in
both his mental and physical tests,
and also indicated that the only ex-
pert testimony which the commission
had taken into consideration was
that of physicians who had had OPP
portunity to examine Thaw and tai.
with him almost daily during the
trial The testimony of the other ex-
/ rerts. who answered from an hypo-
thetical basis, was declared by the
commission to be irreconci1able. The
most significant paragraph in the re-
port reads:
The direct oral and physical ex
animation of the defendant by the