The San Francisco call., 1907-03-27


ford Whites slayer. The decision {
to conduct the inquiry will guide the f
Thaw to an asylum or directing that
the trial shall proceed.
Justice Fitzgerald announced the ap
pointment of the commission privately
in his chambers. Evelyn Nesbit Thaw
came her task to break the news to her
husband in The Tombs. fearful when
she left the judges rooms in the Crimi-
nal Courts building, the young woman
was smiling and cheerful when Thaw
was brought to the hospital ward Of
the prison to meet her. Thaw re-
ceived the courts decision philosophi-
cally, and said he had no doubt the
commission would declare him a sane
man.
STRONG COMMISSION NAMED
The commissioners appointed by
Justice Fitzgerald are Morgan ].
OBrien. a former justice of the Appel
late Division of the Supreme Court;
Peter b. Olney, former District Attor-
ney of New York county and a lawyer
of high legal attainments, and Br.
Leopold Putzel, a practicing physician
and an expert on mental disorders.
The Thaw jury was ordered on Fri
day last to report before Justice Fitz-
gerald tomorrow at 1890 o'clock. At
that hour there will be a brief court
procedure, the jury being excused in
definitely. Whether or not Thaw will
be brought into court for this cere-
mony remains to be seen. His pres
ence will not be necessary.
No date has been fixed for the first
meeting of the commission. There
probably will be some definite an
nouncement on this point tomorrow,
however, for the law under which the
commissioners were appointed directs
that they proceed with their inquiry
forthwith. Justice Fitzgerald said it
would rest with the commission as to
whether or not it's hearings should be
public. In the\ last case of this kind
in this jurisdiction-the inquiry into
the mental condition of Josefina Terra
nova, who had killed her aunt and
uncle-the commissions inquiry was
secret. The girl was declared sane and
subsequently, was acquitted by the
jury.
The Thaw lunacy commission will be
attended by District Attorney Jerome.
The lawyers for the attendant also will
be present, and the commission may
direct and compel the attorneys as IL
shall desire. Thaw is somewhat nerv-
Gus on this subject, but it was said
tonight by his counsel that he would
do anything in his power to aid the
COniInlSSlDn WITH us WOIk ana IndI ne
hoped for early opinion as to his
sanity. Thaw's lawyers and the de-
fendant himself were downcast when
they were first made acquainted with
Justice Fitzgeralds decision, but all
were manifestly pleased when the later
announcement as TO the personnel of
the commission was made. Delmas said
that Justice Fitzgerald could hardly
have selected a more generally salts
fSS nr x-hn
cision would command higher respect.
District Attorney Jerome seemed
pleased at the result of his efforts.
GIsT OF COURTS RULING
Josiah and Edward Thaw, brothers OF
the defendant, and Evelyn Nesbit Thaw.
his wife, were telephoned TO by the at
torneys and quickly appeared at the
courthouse. In announcing his decision
to appoint a commission Justice Fitz-
gerald read a written memorandum.
He based his decision on the conflict of
affidavits as presented by the opposing
sides, saying they were too diametrical-
ly at odds to permit of a decision other
than in favor of an impartial inquiry.
After citing the suggestion made in
court by District Attorney Jerome and
the various afidavits presented on
either side, Justice Fitzgerald's memo
randum says:
In pursuance OF the statute in such cases
made and provided / hereby appoint Morgan ].
NJ D., three disinterested persons commits
sion forthwith 10 examine into the mental con-
ditions Of said Harry X. Thaw and TO deliver
to the court with all convenient speed the facts
and their opinions to whether the said Harry
X. Ihaw was in such state OF idiocy, i'm
becility and lunacy or insanity as to be in
capable OF rightly understanding his own cOndi-
tion, the nature of the charges against him and
Of conducting his defense in a rational manner.
81 IN II 81
mas, Gleason and McPike, the attor-
neys, left the Judges chambers one of
them was heard to remark:
1T could not be worse"
Later. however. the attorneys seemed
to hold a brighter view. Hartridge
said:
did not expect a decision Of any sort today.
much less the one that has been rendered. We
had hoped the trial might go on without further
interruption. The commission viii mean con
siderable. Now that the decision has been rem
dered, however. IL is hard to see how Justice
Fitzgerald could have done otherwise. or
course. there was q conflict Of afndavits and
he cannot understand how firmly Thaw's counsel
Hartridge and o'Renly went with
Mrs. Evelyn Thaw to the Tombs and
there in the hospital ward they met
the prisoner.
THAW SAYS sIT's ALL RIGHT
~It is all right. dearie," Thaw said
to his wife. Il am not afraid of a
commission. 1 am sane now. just as
sane as the Judge himself, and I am
sure that any fair minded commission
will so declare me-"
When Hartridge came out he said:
THE fortitude of the boy (Thaw) as
tonished US sometimes. and ii certainly
did today"
Later Thaw sent out a statement, as
follows:
This thing is perfectly satisfactory to
/ will be able to satisfy the commis7
sion that / am al the present time. Any
thing Justice Fitzgerald does is all right. He
has always acted Ia a fair and impartial
manner.
The law under which the commission
was appointed today provides that the
commissioners must take oath as ref
erees: they must be attended by the
District Attorney and counsel for the
defendant, and may compel the attend
ance of witnesses. The statute then
proceeds:
When the commissioners have concluded their
examination they must forthwith report the
facts TO the court with their opinion thereon.
II the commission finds the defendant insane
the trial or judgment must be suspended until
he becomes and the court. IL 1t deem bis
discharge dangerous to the public peace or
safety muef order that he in the meantime