The Montgomery advertiser., 1907-04-05
appellate division tomorrow O. satur.

appellate division tomorrow O. satur- day.
 Report of Cemmission. 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 27, 1907, commis- sion forthwith to examine into the mental condition of Harry K. Thaw and to report to the court with all con- ventent speed the facts and their opin- lon as to whether at the time of such examination Harry K. Thaw was in state of idiocy, imbecility, lun- acy or insanity so as to be incapable of rightly understanding his own con- dition the nature of the charges against him and of conducting the de- fense in a rational manner do respect fully report:
 That before commencing our exam ination we took the oath prescribed by the statutes.
 That the commission was organized by the selection of David Mcclure as chairman; William H. Penny as clerk. and Bartholomew Moynhan as stenog- rapher.
 That we were attened by the Hon. William T. Jerome, District Attorney of the County of New York. and coun- sel for the defendant took part in the proceedings. The defendant attended
 
 and physically examined.
 That we examined large number of witnesses furnished by the District Attorney, the counsel for the defendant and called by the commission. Among them were prison physicians, chaplains, keepers. probation officers sheriffs, guards in charge of the defendant, two of the defendants counsel and fifteen physicians, twelve of whom were alenfsts. We have received in evil dence many documents and papers in- ciudfng written communications from the defendant to his counsel
 After careful examination of the defendant personally and of all of the evidence, we find the following facts:
 Tn the frequent and in some cases daily during the several months last past, intercourse had by the de- fendant with the Tombs physicians, chaplains. keepers, other attendants and the probation officer, these per- sons failed to discover anything ira tional in his conduct or speech.
 'The defendant has taken an active part in the conduct of the trial, has made numerous suggestions orally in court and by letter as to the selection of jurors and the examination of wit nesses. Many of these suggestions were deemed valuable and were adop- ted by his counsel, and examination of the letters referred to shows that generally the suggestions contained in them were material, sensible and apparently the product of sane mind.
 While the testimony of numerous experts called by the district attorney and the defendants counsel Is ire conciiable, that given by certain ex- perts, who personally examined the defendant during the trial and since the appointment of the commission and who of all the alienists examined had greatest opportunity of observ- ing, disclosed the fact that no indi- cation of insanity at the present time could be found in the speech, conduct or physical condition of the defen- dant.
 The direct oral and physical ex- animation of the defendant by the commissioners themselves discloses no insanity in the defendant at the pres- ent time. Upon all of the facts 1t is our opinion that at the time of our examination the said Harry x. Thaw was and Is sane and was not and Is not in state of idiocy, imbecility, lunacy, or insanity so as to be incapa- ble of rightly understanding his own condition, the nature of the charges against him and of conducting his de- fense in a rational manner
 'The minutes of the proceedings had beforeus and the documents re- mitted.
 Dated at New York, N. Y,. this fourth day of April. 1907.
 (Signed) David Mcclure,
 Peter B. Olney,
 "LeOpold PutzeI