The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-04-04
THAW NOT INSANE
Lunacy Commission MAkes Its
Report Today.
Decides That the Prisoner Is of
Sound Mind.
A LONG CONFERENCE.
Members We're CIOseted With
Justice Fitzgerald.
Air Filled with RumOrs of a
Disagreement.
JEROME NOT SATISFIED
Demands Access TO Minutes Of
the Commission.
This the Presiding Judge
Promptly Denies.
Threatens to Stop the Trial by
an Appeal.
Demands Access TO Minutes Ot
the Commission.
Threatens to Stop the Trial by
an Appeal.

New. Ork, April 4.-Harry IhaW
has been declared sane by the Iunacy
commission and while the report has
not been made public, it is said to be
unanimous.
The finding of the Iunacy commits
sion was couched in the language of
the order by Justice Fitzgerald order
ing the inquiry. The commissioners
declared it to be their unanimous be-
lief that the defendant. Harry X.
Thaw, is capable of rightly under
standing his own position. of appre-
ciating the nature of the charges
against him and nationally comforting
with his counsel at the time of this
examination. The entire report of the
commission covers three typewritten
pages and will not be made public
jerome May Appeal.
District Attorney Jerome said if the
court ruled against his application for
access to the minutes of the Thaw
commission in lunacy he would ask
time to decide whether he would apply
to the appellate division for writ
of prohibition to prevent the trial pro-
ceeding.
Justice Fitzgerald denied Jerome
access to Thasv commissions minutes.
The court room filled quickly for the
afternoon session when the doors were
opened at 1870 O'Clock. The Thaw
family group were among the first to
enter.
The proceedings were delayed a few
minutes by the report of the April |
grand jury. Justice Blanchard of the |
supreme court took the bench to hear
the grand jurors who handed in several |
indictments. He then made way for |
Justice Fitzgerald.
T,1Stica soon bo Il
taken the bench said he had succeeded |
in securing a report from the commits |
sion in lunacy. He had had two copies |
made and while he would not make the
report public, he delivered the copies |
to District Attorney Jerome and coun-
sci for the defense.
Mr.. Jerome arose to address the court |
before reading the report.
1t was from the defendants counsel /
table, that The news of the commissions
findings emanated.
Neither Thaw nor the jury was in
court when the report was handed |
down. District Attorney Jerome said I
If the report was adverse to his con-
tentio n, he desired to be heard before |
it was confirmed.
The news Of a favorable decision |
which was declared to be unanimous |
was quickly whispered to Mrs. Evelyn |
Nesbit Thaw and Mrs. William Thaw |
and other members OF the family. A |
messenger was also dispatched to the /
prisoner to communicate the glad It'd |
ings. The prisoners family and MEM |
bers of the counsel were delighted with /
the news of the commissions findings |
and declared they did not think Mr.. |
Jerome could brig sufficient argument |
to bear to prevent its confirmation by /
Justice Fitzgerald.
What jerome Said.
District Attorney Jerome in address,
ing Justice Fitzgerald before reading |
the report said:
While 1 do not know what the decis-
ion of the commission may be, 1 want |
to state TO your honor my personal |
opinion in this matter. L stated and |
still adhere to the contention that this |
defendant is insane. But if the commits |
sion's decision is fatal to the suggestion /
made upon the record. 1 will have to |
proceed with the trial and press for a |
conviction with all the power at my |
command. Before I am confronted with |
that condition. however, 1 desire that |
your honor will hear me as to the con-
6rmation of this report"
4 have read the testimony adduced !
before the commission very thorough |
Iy,'' said Justice Fitzgerald, "and that |
accounts largely for the delay this
morning"
Mr. jerome reviewed at length the
sessions held by the commission in lun-
acy. He was inclined TO criticize the
commissioners for excluding him from
the final examination made yesterday |
Before 1 can argue the point OF
law I have in mind" said the district
attorney, Il desire that be allowed
access to all the minutes of the COM
mission, especially the secret session
The law specifically says the commits
sion must be attended by the district
attorney / was not allowed to attend
the session wherein Thaw was finally
examined. That session continued for
more than two hours. Regardless of
the hardship 1t may have worked upon
the court. must demand TO see the
commissions minutes, and have time
to read them before proceeding with
my argument / am as anxious ast
any one to get through with this case,
but this delay is necessary
Il promised the commission" con-
finued Mr.. Jerome, that 1 would not
attempt to use any evidence adduced
by it in the trial of this defendant If
1t should be resumed and. of course, 1
shall adhere to that course have a
right to be heard as to the confrma-
t1on of this report 1 claim that therel