Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-05

New York, April 4.-Harry x. ThaW
today was declared sane by the uani-
nous report Of the commission. III iu-
macy appointed some two weeks ago
to inquire into his present mental con-
dition. The moment the decision was
handed down from Justice Fitzgcrald's
desk District Attorney Jerome was on
his feet vigorously protesting against
ITS confirmation by the court He
charged that he had been excluded
from the last session of the commits
sion and demanded to be allowed to
have access to the minutes and steno-
graphic notes Of what transpircd al the
final mental and physical examination
OF tho defendant. When Justice F'itz-
gerald declined to turn the minutes
over to the district attorney. Mr Jcr-
ono declared he would carry the case
to the appellate division Of the su-
pTc!:ic court, asking that writ of Pro-
hihition or mandamuS be granted to
prevent Il continuance of the Thaw tri-
al until the higher court had ruled cn
tn" legality of the commissions course.
justice Fitzgerald reminded MI Jcr-
OiTC that he had Waived the Statutu-
~ right Of attending the last session
Of IT," commission by suggesting him
self TINT All the attorneys be excluded
from the sitting in question. He then
granted the district attorney an ed
iournmcnt until Monday morning next
in order that he might have time t.
prcpnr" his application to the appy'latc
division. Mr.. jerome protested that the
time was too short. but Justice Fitz-
II ~, -, NJ
ncunComcnt that the trial must DC con-
cludcd forthwith.
Unless Mr. Jerome should secure !,
writ of prohibition in the meantime.
Justice Fitzgerald is expected I'd an
nounc" Mnnda% morning that he has
confirmed the report az til" commission
and ordered that the trial proceed
without frrthc delay. The district at
torncy and the counsel for the defence
will be heard in argument as to the
confirmation of thc report at Monday 5
session uf tn" court if they ~ desire.
After the adjournment today Mi.
Jcrpm" issued 4 statement i'll which ho
said he could not tell until after Il
thorough examination Of authorities
whether or not he ought to take fur
Their action i'll the way Of an aDplita-
ton to the appellate division. Should
he reach tn" conclusion after CXJnin-
ing the law On the subject, that Jus
ticc Fitzgerald had not committed
loGal error in refusing him access to
The commissioners minutes, he would Of
course, take no further action. Mr.
jerome declared that if he made an
application to the higher court II
g ~,
by Justice Fitzgerald ANA not particu-
larly because Of tie effect in this case.
ThaW was not in court to hear the
decision. The jury which has heard
the testimony against him WAS also
excluded, ana both prisoner and jurors
Rcrc out Of range Of the district at
tpruey's heated argument with Justice
Fitzgerald. All the meml~rs Of the
Thaw family, including the mother
ana Wi5c Of tie defendant were pres
| cnt, however, and tEcir keen delight
over tho announcement Of the favor
able report from the lunucy commits
sion was turned into alarm at the un-
expected attitude of the district @ttcr-
ncy, whose threat to take the matter
before the appellate division Of the
| court seemed to involve another seri-
/ Gus delay in the long drawn out trial
The news Of the COMMISSIONS unani-
nous verdict as to his present sanity
was carried to ThaV in the prisoners
pen He expressed satisfaction but
not surprise. There has never been
| a time since the commission was APP
pointed that the defendant has not
| been wholly confident Of favorable
decision. He declared today that he
felt especially lucky because it was