Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1907-04-10
SAYS IHAW is Sane
Lunacy C Commission Makes Its
Findings Public
THE TRIAL WILL NOW PROCEED
jerome Demands Minutes of Last
Session and on Refusal of Court
Declares He Will Garry Court to
Appellate Division, Being Given
Until Monday to Prepare Applica-
tion.

| OuGl Aonudy Go 1tepaAe fappASS
tion.
New York, Special.-Harry K.
Thaw was declared sane by the un-
animous report of the commission in
lunacy appointed to inquire into his
present mental condition. The mo-
ment the decision was handed down
from Justice F:zgerald's desk, Dis
triet Attorney Jerome was on his
feet vigorously protesting against its
confirmation by the court. He charg-
ed that he had been excluded from
the last session Of the commission
and demanded to be allowed to have
access to the minutes and stenograph-
ic notes of, what transpired at the
final mental and physical examination
of the defendant.
When. Justice Fitzgerald declined
to turn the minutes over to the dis
trict attorney, MI. Jerome declared
he would carry the case to the ap-
pellate division of the Supreme Court,
asking that writ of prohibition. or
mandamus be granted to prevent a
continuance of the Thaw trial until
the higher court had ruled upon the
legality of the commissions course.
An Adjournment to Monday.
Justice Fitzgerald reminded Mr..
Jerome that he had waived the
statutory right of attending the last
session of the commission by sug-
gesting himself that all attorsays be
excluded from the sitting in question
He then granted the district attorney
an adjournment until Monday next
in order that he might have time TO
prepare his application to the appel
late division. Mr.. Jerome protested
that the time was not sufficient, but
Justice Fitzgerald cut him short
with the announcement that the trial
must be concluded forthwith.
Unless Mr.. Jerome should secure
writ of prohibition in the mean
time, Justice Fitzgerald is expected
to announce on Monday that he has
confirmed the report of the commits
sion and order that the, trial pro-
ceed without further delay. The dis
trict attorney will be heard in argyll
ment to the confirmation Of the re-
port at Mondays session Of the court
if they so desire.
Jerome Issues Statement.
After the adjournment Mr.. Jerome
issued a statement in which he said
he could not tell until after thor
ough examination of authorities
whether or not he ossht to take
further action in the way of an appli-
cation to the appellate division.
Should he reach the conclusion, after
examining the law on the subject,
that Justice Fitzgerald had not com
mitted legal 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 it would be because of the
precedent set by Justice Fitzgerald
and not particularly because of the
effect in this case.
Thaw was not in court to hear rne
decision. The jury, which has heard
the testimony against him was also
excluded and both prisoner and ju-
rors were out of range Of the district
attorneys heated discussion with
Justice Fitzgerald.
The opinion of the experts who cx-
amined into Tbaw's present mental
condition is summed up in the follow
ing statement:
"The direct. oral and physical ex-
animation of the defendant by the
commissioners themselves disclosed
no insanity in the defendant at the
present time. Upon all of the facts |
it is our opinion that at the time IF
our examination the said Harry K.
Thaw was and is sane and ws not
and is not in a state of idiocy, en-
becility, lunacy or insanity so as to
be incapable of rightly understand
ing his own condition, the nature Ct
the charges against him, and of con-
Quoting his defense in a rational
manner.
"The minutes of the proceedings
had before us and the documents re-
ceivea in evidence are herewith sub
mitted.
Dated at New York, N. Y, this 4th
day of April, 1907.
"DAVID MCCLURE,
"PETER B. OLNEY,
.IT EO1OJn DITnNJrr 3,