Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1907-04-06


jury, but it is not believed this can
be reached until easly next week.
New York April An anticipation
of verdict by the commission in lun-
acy which for more than week has
been inquiring into the present men.
tai state of Harry K. Thaw, a large
crowd gathered at the criminal courts
building today. Immediately upon the
arrival of the commission In the court
room Justice Fitzgerald held long
conference with them. At 1880
O'clock the jury was excused until 2
O'clock All members of the Tnaw
family we're early in the courtroom.
The delay Of the commission in sub.
hitting its conclusions gave color TO
the earlier reports that there was a
serious difference of opinion in the
board. It was said Mcclure and OF.
ney were of contrary opinion to that
expressed by DR.. Putzel. Justice Fitz
gerald, it was reported, was extreme
| ly anxious to have unanimous YER
dict from the commission and argued
with them along that line.
| Putzel Withdraws.
DIR. Putzel has withdrawn from the
conference vita Fitzgerald and has
left the court building. He refused
to discuss the matter in any way.
Commission Is Through.
Olney and Mcclure remained with
Fitzgerald for more than an hour and
a half after Putzel withdrew AS they
left the building they declined TO have
anything to say as to the verdict. They
bade Fitzgerald goodbye, however, and
it was understood their connection
with the case was ended
Report Holds ThaW Sane.
The courtroom filed up quickly for
the afternoon session, the Thaw family
group being among the first to enter.
Justice Fitzgerald as soon as he had
taken the bench, said he had succeed
ed in securing report from the cons
mission in lunacy He had two copies
made and while he would not make
the report public he delivered copies
to District Attorney Jerome and the
counsel for the defense.
j Jerome rose to address the court
before reading the report.
/ 1t was from the defendants counsel
table that the news Of the commits
sions' findings emanated.
Neither Thaw nor the jury was in
court when the report was handed
1 down.
; Jerome said if the report was ad
verse to his contention he desired tc
be heard before it was confirmed
I. Family Pleased.
News of the favorable decision
which was declared to be unanimous
was quickly whispered to Mrs. Evelyr
! Nesbit and Mrs VIM. Thaw and othel
members of the family A messenger
was also dispatched to the prisoner tt
take the glad tidings to Thaw. The
prisoners family and members of hi.
counsel were delighted with the new!
of the commissions findings and de
clared they did not think Jerome coult
bring sufficient argument to prevep
its confirmation by Fitzgerald.
j jerome Angry.
| Jerome in addressing Justice Fitz
gerald before the reading of the repor
reviewed at length the sessions he'll;
by the commission in lunacy. He wa;
inclined to criticise the commissioner
for excluding him from the final exam,
ination made yesterday afternoon. HI
4 W oCO IuC u1AotCo VI Il'
commission that he might EXAMINE
them before arguing against the con
frmation of the commissions report
The findings of the commission dc
clared it to be the commissioners
unanimous belief that the defendant
Thaw, is capable of rightly understand
II ing lis own position, of appreciatin
the nature of the charges against him
and of nationally comforting wit
counsel at the time of this examine
ton" The full report of the commits
sion will not be made public.
Jerome overruIed.
Jerome said if the court rule
against his application for access
the minutes of the Thaw commissio
in lunacy he would ask time to decid
whether he would apply to the appe
late division for a writ of prohibitio
to prevent the trial proceeding.
Fitzgerald denied Jerome access
the Thaw commissions minutes. Jul
tice Fitzgerald then discharged tt
iThaw jury until Monday, declining