The Montgomery advertiser., 1907-04-04
HARRY THAW
 IS CONFIDENT Commission Will Make Report Today. ALONE AT THE FINAL TEST Members of Board Shook His Hand
 on Leaving. Judge Fitzgerald wil Anaeunce frsn Bench whether Trial shan Pro
 ceed CT white's Slayer
 Go to AsyIun.
LONE AT THE FINAL TEST

New Sork, April 3.-Tomorrow brings another critical stage in the Of Stanford White will either be ofzl- cially proclaimed insane and ordered sent to State asylum or his trial will be resumed before Justice Fitzgerald upon the finding of the lunacy conn mission that the defendant is at thfs time capable of rightly understanding his own position, of appreciating tho nature of the charges against him and of rationally advising with his coun- sel
 The commission completed its work tonight and will be ready to report to F Justice Fitzgerald tomorrow morning.
 Thaw underwent a private mental and physical examination for moro than two hours this afternoon. In th1a last crucial test he was entirely alone before the commission, even the Dis- trict Attorney and the members of hin own counsel being barred. When the three members of tho commission had completed their final examination they shook hands with Thaw in most cordial manner. He went back to his cell in the Tombs with light heart and declared later to his counsel that he felt the commis- sion would surely declare him sane to-
 morrow.
 Counsel Optimistic.
 The attorneys shared their clients optimistic view of the situation. Dis- trict Attorney Jerome would not coro- init himself in any way. Thaw's coun- se1 declared they were ready to pro- ceed with the case tomorrow and be- lieved that Mir. Delmas might begin his summing up address before noon In that event, they said, Mir. Jerome would address the jury on Friday and ver- dict might be expected before the end of the week.
 There is little or no likelihood that the report of the commission which has inquired into Thaw's present men- tai state will ever be made public If the decision favors Thaw Justice Fitx- gerald will merely order the trial to proceed without any reference whafeo- ever to the interruptian which began two weeks ago. Should the decisfon be against Thaw Justice Fitzgora1d would have to quote but briefly from the formal finding of the commission in his order committing the young man to an asylum.
 If committed Thaw would have to remain in the asylum until declared sane by the superintendent of that in- stitution. Then he would be brought back to this city and 'ried again.
 The last public session of the com- mission was held this morning to hear the testimony of two more alienists, Dr. Allen Rose Diefendorf. of Middle- ton, Conn.,. for the prosecution. and Dr. Charles G. Wagner, of Binghamp- ton, N. Y. for the defense. Dr. Dief- endorf gave purely a. ademic decision based upon assumed facts and writ ings of the defendant and declared Thaw was incompetent Dr. Wagner said he had talked with the prisoner almost daily for nearly two months and had been unable to find anything upon which to predicate an opinion of mental unsoundnesS at this time. He was not willing to go on record however, as specifically declaring Thaw to be in every seuse sane man. He said he had not sufficient facts be- fore him or sufficient time in which to reach so positive conclusion.
 When tine Thaw lunacy commission went into session today, District Ate torney Jerome called to the witness stand Dr. Allen Ross Diefendorf. Su- perintendent of the State Hospital for the Insane at Middletown. Conn.,. and professor of mental and nervous dis- eases at Yale University.
 Dr. Diefendorf testified for the state at the trial of Thaw, declaring the de- fendant knew the nature and quality of his act when he shot and killed Stanford White and knew the act was wrong. To the commission today tho alienist declared that from what he had seen of Thaw and the writings he had examined, he was of the opinion that Thaw is not now capable of rightly understanding his own posis tion, of appreciating the nature of the charge against him or of rattonaliy ad- vising his counsel.
 Dr. Diefendorf examined at some length the twenty-four pages of sug- gestions made by Thaw to MT. Delmas for his summing up address and de- clared they emanated from a diseased brain. The commission asked the wit
 lnt hA 4atA AAr rnfX insane evidences among the memoran- da. Dr. Defendorf pointed out one passage which District Attorney Jer- ome started to read aloud:
 'I must protest against this" in- terrupted MT. Hartridge. of Thaw's for the benefit of the commission at c secret session and the District Attor- ney Is reading them to the reporters. It Is another case like the Lyon iet- ter from Pittsburg. They were sent here to the clerk of the court. It was agreed they might be copied in the Dis- trict Attorneys office and then they appeared in the newspa- pers."
 Gave Out the Letters.
 There was nothing mysterious about the publication of those letters" said MT. Jerome. T gave them out myself. They were public documents produced iE open court"
 But they had not been admitted in evidence" retorted MT. Hartridge
 Chairman Mcclure put an end to tho by saying the Lyon letters were not before the commission.
 Dr. Diefendorf said the suggestions made by Thaw indicated a delusional state of mind.
 Did you think he had deIusiona when he committed the homicide?" ask ed Chairman Mcclure.
 "Yes." replied the witness. who then went into an elaborate expIantion of the difference between medical and la- gal insanity. declaring that Thaw was but not legally insane when ac shot and killed Stanford White.
 Under questioning by MT. Hartrtdra pr. Dlefendorf said that haw's sus- gestions to MT. Delmas howed de- lusions similar to those | Heated n the letters which formed part of