Omaha daily bee., 1907-04-04
THAW VERDICT THIS MORNING
LunsOy Commission win Report It's Find
ing - Court Early.
DEFENDANT is IN FINE SPIRITS
He UnderEoes Close Examination
for Two Hours and L.
Elated at Showing He
Made.

NEW 1Oltk, April S.-TomorrOW brings
another critical stage in the case Of Harry
K Thaw, when the slayer Of Stanford
White either will be officially proclaimed
insane and ordered sent to a state asylum
or his trial will be resumed before Justice
Fitzgerald upon the finding Of the lunacy
commission that the defendant il at this
time capable Of rightly understanding his
own position, of appreciating the nature Of
the charges against him and OF nationally
advising with his counsel. The commission
completed its work tonight and will be
be ready to report to Justice Fitzgerald
tomorrow.
Thaw underwent thorough mental and
physical examination for more than two
hours this afternoon. In this last crucial
test he was entirely alone before the com
mission even the district attorney and
members Of his own counsel being barred
when the three members OF the commission
-DaVd Mcclure, Peter B. Olney and DR.
Leopold Putzel-had completed their Anal
examination they shook hands with Thaw
In most cordial manner He went back
to his cell with a light heart and declared
later to his counsel that he felt the COM
mission would surely declare him sane to-
morrow The attorneys shared their
clients optimistic view of the situation
District Attorney Jerome would not com
NIT himself in any way. Thaw's counsel
declared they were ready 70 proceed with
the case tomorrow, and believed Mr. Del
mas might begin his summing up address
before noon. In that event they said Mr..
Jerome would address the jury on Friday
and verdict might be expected before the
week end.
There Is little or no likelihood that the
report OF the commission ever will be
made public. II the decision favurs Tbaw.
Justice Fitzgerald will merely order the
trial to proceed without any reference
whatsoever to the interruption which began
two weeks ago. Should the decision be
against Thaw, Justice FITZGERALD would
nave to quote but briefly from the formal
finding of the commission in his order com
hitting the young man to an asylum. II
committed Thaw would have to remain in
the asylum until declared sane by the
superintendent of the institution. Then he
would be brought here and tried again
Two Alienists Testify.
The last public session OF the commission
was held this morning to hear the test
mony OF two more alienists DR.. Dieffen-
dorf of Middletown. Conn, for the prose-
cutlon, and DR.. Charles q. Wagner OF
r.
Dienendorf gave an academic decision
based on assumed facts ana writings OF
the defendant, and declared that Thaw was
incompetent. Dr. Wagner said he had
talked with the prisoner almost daily for
nearly two months and has 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 sense a sane man. He said he
had not sufficient facts before him, or suf-
hcient time in which to reach so positive a
conclusion. DR.. Wagner repeated many OF
his recent conversations with Thaw and
gave the defendants idea Of his predica-
ment. Thaw declared that he realized his
position today was serious. He thought.
however, his attorneys had made such
good progress during the. trial that he was
In much better position than when It was
begun. He said he had no delusion now
that ms act was an act of Providence.
Thaw Questioned About DeIusiOns.
When the commission began its private
examination of the defendant, the members
questioned him particularly about this de-
fusion and others from which It had been
testified he was suffering at the time he
hIhot ana klied STANFORD white. Dr. Putzel
of the commission conducted the brief
physical examination to which Thaw was
subjected. He was given all the standard
tests of the rehexes. the pupils of the
eyes, the Romberg test ror evidences of
locomotor ataEia, etc. Thaw is said to
have undergone all the tests In thor
oughly satisfactory mannerA The allenists
testifying for the defense and who con-
Quoted a much more searching physical
test than that undertaken by the commits
sion today declared they were unable to
find any abnormal traces. DR.. b. d. Evans
said there was an unusual bump near the
base Of the skull and told of Thaw's
huctuating pulse, declaring It was the most
extraordinary he had ever met with in his
medical experience. The rate Of beats often
would change four times in a minute.
Mrs. Evelyn Nesbit Thaw was present
during most Of the public sessions At
torney Delmas was not present today, but
at the end of the inquiry Thaw sent him
note by special messenger, telling him
to be ready to proceed with his summing
up arguments tomorrow.