Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-03-27
MEN WHO COMPOSE THE CoaMIsSlo

NEW YORK, March 25.-Harry K Thaw
may never again face the jury empanelled
more than nine weeks ago 10 try him on
the charge of murder in the first degree.
Justice Fitzgerald today unexpectedly
ordered commission in lunacy TO inquire
into the present state of mind of Stanford
Whites slayer. The decision OF the three
disinterested men named to conduct the In
Quiry win guide the future action Of the
court as to ordering Thaw to an asylum or
directing that the trial shall proceed.
Justice Fitzgerald announced the appoint
n1ent Of the commission private in his
charmbers. Evelyn Nesbit Thaw was there
with the lawyers and It became her task
90 break the news to her husband in the
Tombs. fearful when she 1T the judges
rooms In the criminal courts building, the
young woman was smiling and cheerful
when Thaw was brought to the hospital
ward Of the prison to meet her. Thaw re-
ceived the courts decision philosophically
and said he had no doubt the commission
would dSllars him a sane man.
Members of Commission.
The commission appointed by Justice Fitz-
gerald consists Of Morgan ]. O'Brien.
former justice OF the appellate division of
the supreme court; Peter b. Olney, former
district attornt OF New York county and
Leopold Putzel, a practicing physician and
authority on mental disorders.
Former 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 insurance Investigation. When
he was a candidate for reelection to the
bench in 1901 democrat. Justice o'Brien
was uno2posed. President Roosevelt made
a trip from Washington to oyster Bay
20 cast his ballot for him.
Before being elected district attorney for
New York county In 1883. Mr. olney had
been a member. with w G. Whitney. Of
the committee appointed in 1889 to revise
the laws OF the state affecting public in
terests in New York. He is a graduate Of
Harva.d. ~ H-t ga
Dr. Putzei Is a graduate OF Bellevue
hospital medical school and has had long
experfenee In that institution. He is quail
fed before the state medical board as an
examiner in lunacy.
Jnry VIII he Excused Indeanttely.
The Thaw jury was ordered on last Fri
day to report before Justice Fitzgerald To-
morrow morning at 10 o'clock At thai
hour there will be a brief court procedure
the court adjourned indefinitely. Whether
or not Thaw viii be brought into oourt
for this ceremony remains to be seen
Ills presence will not be necessary. NJ
date has boen fixed for the first meeting
OF the commission. There will probably b
some definite announcement on this poin
tomorrow. however. for the laws undel
which the commissioners were appointed
directs that they proceed with their IN
quiry forthwith. Justice Fitzgerald said !
would rest with the commission as t
whether or not It's hearings shall be public
In tho last case Of this sort in this juris
diction, the inquiry into the mental condi
tion Of Josefna Terranova, who killed he
aunt and uncle, the commissioners inqulr!
was secret The girl was declared SAN
and subsequently, was acquitted by thu
jury.
The Thaw lunacy commission will be at
tended by District Attorney Jerome.\ tn,
lawyers for the defendant will be presen
and the commission may direct and compe
the attendance of any witnesses It may de
sire. 1t Is probable that Thaw will be aske,
FIRST O6 all to submit to a rigid physica
examination. Having undergone several o
these since his incarceration he is some
what nervous on this subject, but Il wa
said tonight by his counsel that he woul,
do anything in his power to aid the com
mission Ia It's work. and no hoped for al
early opinion as 70 his sanity. Thaw's law
down
cast when first made acquainted with Jus
tice Fitzgerald's decision, but all were man
ifestly pleased when the later announce
nent as 20 the personnel OF the commits
sion OF inquiry was made. Mr.. Delmas Il
particular declared that Justice F1tsgeraI
could hardly have selected a more general,
satisfactory commission. one whose decis
lOn could command more respect. Dlstric
Attorney Jerome seemed pleased with hi
efforts. Josiah and Edward Thaw ThRws
brothers. and his wife. were telephOnsd I
" the attorneys ana quickly appeared a
the court house.
Judge Reads His Opinion.
In announcing his decision today to az
point a commission Justice Fitzgerald pea
. written memorandum He based hi
opinion on the conflict OF andavits from tn
opposing sides saying they were too dis
metrioally AZ odds 70 permit a decisio
other than In favor Of an impartial inquirJ
After citing the suggestion made in eour
by District Attorney Jerome and the VAR
Gus anaavits presented on both side.
Justice F1tEgerald's memorandum reads;
do, therefore. In pursuance Of the stai
ute IN such cases made and provided
here hereby 4eP0ia' oSsx hSS a5S ASSraS 55ieI
~, D., three disinterested persons, a com
mission forthwith 70 examine into III
and to report TO the court with ali oonVsn
lent speed the faotA and their opinions q
70 Whsther at the time OF such eEaninatio
the 6aid Harry x. Thaw was In s1cb
state OF idiocy, imbecility. lunacy or IN
sanity 50 as 70 BE- incapable Of rightly ur
derBtauding his own condition, the natliF
Of the charges against him and OF cor
ductng his defense IN a rational maane
ThaW's Attorneys DaaApDointsd.
A. MsssEa. HaTtFtdse. o'Re1ly. Pc
body. Doimas Glaasoh and MaPiks. n
six ThaW attorneys. laft ths judges chan
bers one OF them was heard % remark;
1T could not be WorsA"
Later, however. the attorneys seemed
take a brighter view.
Mr. HartridEe said; I'VE ala not sxpe,
I.-.I.Il.-. =