The Birmingham age-herald., 1907-04-05


 lunacy. He was inclined to criticise the commissioners for excluding him from the final examinations made yesterday after noon.
 Before l can argue the point of law l have in mind' said the district attorney, "I desire that 1 be allowed access to all the minutes of the commission, es pecially the secret sesison. The law spe- officially says the commission must be att tended by the district attorney. l was not allowed to attend the session where- in Thaw was finally examined. That ses- sion continued for more than two hours. Regardless of the hardship It may have worked upon the court, 1 must demand to see the comission's minutes and have time to read them before proceeding with my argument I as anxious anyone to get through with this case, but this delay is necessary"
 Won't Use Evidence.
 q promised the commission" continued MT. Jerome, that I would not attempt to use any evidence adduced before it at the trial of this defendant if it should be resumed, and of course 1 shall adhere to that course l have right to be heard as to the confirmation of this report. I claim that there is precedent for the court to refuse to confirm a report from a com- mission. The statutes makes it manda- tory that the district attorney shall at- tend commissions in lunacy appointed in criminal cases.'
 But did you not suggest that the com mission conduct it's final examination of the defendant in private" interrupted Justice Fitzgerald
 T did suggest" replied Mr Jerome. that the commission examine the defen- dant with no one present but the mem bers of the commission and the official stenographer. But l fully understood 1 was to be allowed to examine the min utes. It was generally understood that evidence was to be taken at that session. and l was to have knowledge of all that transpired."
 Mr. Hartridge Thaw's counsel, said he did not think it necessary that the dis trict attorney should have access to the commissions minutes at this stage of the trial. The defendant throws himself on the mercy of the court, said the attorney. Justice Fitzgerald said in the present stage of the case he did not deem it to be his duty to allow either side access to the minutes of the commission in lu- macy.
 Jerome Waxes Hot.
 ''I have a rightsin this matter" fairly shouted District Attorney Jerome
 T had the right by the statutes to at- tend every sesion of the commimssion. 1 am willing to waive the fact that I was barred if the defense will agree that 1 shall see the minutes"
 IT your honor persists in overruling my motion, I will have to ask with ali respect to the court that I be allowed reasonable time to consider the legal as- poets or the case. to see if they are such as would justify me in applying to the appellate division of the supreme court for writ of prohibition forbidding the continuance of this trial until a higher court has ruled in this matter"
 Asks for Adjournment.
 Justice Fftzgerld stated that the com mission had directed that it's minutes be- kept secret and he felt he must complv with the request
 Then l must ask for reasonable ad- Journment in order that I may prepare my application for relief to the appellate division. will apply either for a writ of prohibition or of mandamus or for what other relief I find necessary. I trust your honor understands I do this with perfect respect to the court and I am al- ways willing to bow to it's decision. hut l recognize the precedent set by this pro- ceedfng of such an important nature that 1t seems to me that I must have d higher court pass on the matter"
 MT. Jerome finally asked that he at least be allowed to have copy of the remarks he made at the opening session or the commission suggesting the exami- nation or the defendant by the commits sion in private. He said these remarks were most material to his future course of action. He asked that the commis- sion's order sealing It's minutes be modi- fled to this extent at least.
 The district attorney had hardly made this motion before he withdrew 1t.
 10 make the record explicit" he said, T now formally make the motion that I be allowed to inspect all the papers trans mitted to the court by the lunacy com mission and that I be allowed further to examine the transcript of all testimony taken before the said lunacy commission.
 Motion Denied.
 Guided by the statutes as I understand them," said Justice Fitzgerald, "the mo- tions are denied"
 Then I may have time to prepare my appeal to the appellate division before you confirm the report?' queried MT. Jerome
 'I will discharge the jury until next Monday morning." said the judge
 But your honor will see," said Mr. Jerome protestingly.
 T cannot grant you any more time than that" said Justice Fitzgerald. "This case must be disposed of"
 The jury was. called in and formally discharged until Monday.
 Thaw was brought into court for this ceremony and was the recipient of con gratulations by his counsel and his fam fly.
 Court adjourned without further an- nouncement from counsel
 Jerome's Statement.
 District Attorney Jerome this afternoon made the following statement: q do not care to discuss the case because in my opinion 1t would be unseemly to do so could not tell until I have examined the authorities and facts whether ought to take any further action or not in the way of an aplication to the appellate di- vision. When I have gone over the facts in my possession and examined the laws on the subject, should be of the opinion that the learned presiding justice has committed legal error, I will seek to re- view his adjudication if the authorities permit. Should I on the other hand reach the conclusion that he has not committed errer, l will, of course, take no further action. The decision of the court is a most important one, not alone in its bear ing on the Thaw case, but especially as forming a precedent for the conduct of such inquiries, and while greatly deplore the delay, it is of the highest public i'm portance that the procedure in cases of this kind should be clearly settled"
 Commissions Report.
 The report of the commission in full is as follows:
 We. the undersigned, appointed by this court by orders dated March 26 1907, and March 2, 1907, commission forthwith to examine into the mental condition of Harry K. Thaw and to report to the court with all convenient speed the facts and