The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-04-05
THAW'S SANITY
BEYOND DOUBT

IHAW > SANiI1
BEYOND DOUBT
Continued from Page I.
he carefully prefixed the phrase IF the
report should be Gnfs vorable to nv con
tenuon, 10 all Of his remarks.
Before the storm Of the district attor-
ney protest broke. Justice Fitzgerald
rad handed to him. and to Mr.. Hart
ridge, Of counsel for the defense. carbon
copies Of the commissions full report
1t was from the defendants counsel ia
bic that the nature Of the decision first
became known M Hartridse rushed
over and whispered to Mr.. William Thaw
and to Mrs. Evelyn Nesbit Thaw. and
then sent d messenger hurTiedly to the
defendant with the tidings.
Great Victory for Thaw.
When the report finally fell into the
possession Of the newspaper men il was
seen To be a sweeping victory for Thaw.
1t confirmed the reports OF the excellent
showing hs had made before the com
mission in both mis- mental and physical
tests, and also indicated that the only
had taken into consideration was that Of
the phvsi rians who had had an opDor-
UunIty t. examine Thaw and talk with
him aim st daily during the trial Tho
testimony of the other experts who an
sWered from hypothetical basis was de-
clared by the commission to be irrecon-
cilabie. The most significant paragraph
in the report reads
The direct oral and physical exa mi
ma ton Of The defendant by the commits
siOuerS themselves disclosed no insanity
in the defendant at the present time"
AIienists at Fault.
Regarding the suggestions Thaw made
to his counsel Mr.. Delmas for his sum
ming up speech. which the district attor-
ney declared were evidences Of insanity
and were SO attested by the alienists he
introduced. the commission saws.
Many of these suggestions were deemed
valuable and were adopted bv his COuu-
sell and examination Of the letters re
terred to shows that generally the Sug-
sessions contained IN them were material.
sensible and apparently the product of "A
A. TO Or. Putzens action in leaving the
conference today. IL was stated ne did
not feel il WAS necessary for him to re-
main. while MeSSrs. Mcclure and Olnry.
both of whom are lawyers. were going
over the legal phases Of the mass of tes-
umony adduced before the commission.
) Justice Fitzgerald himself said the delay
HId been Occasioned by his examination
of the testimony.
Report of Commission.
The report of the commission In full is
as follows
We, the undersigned. appointed ny this
9 curt BY orders dated March %. 1901. and
March =. 1907. commission forthwith
10 examine into the mental condition of
HAIRY n 1hdW and TO report to the
court with all convenient speed the facts
ana their opinions to whether at the
time Of such examination Harry X
! nav was in state of idiOcy. imOeCility,
uHdcE or insanity, so as to be iucapa bic
of rightly understanding his own cOnGi-
lion. the nature of the charges against
MN ana of conducting his defense in
ratonal manner, do respectfully report.
That before commencing our eXami-
nation We took the oath prescribed bv
the statutes.
That the commission was organized by
the selection Of David Mcclure as chair
man. William IT, Penny as clerk and
Bartholomew Moynihau as stenographer;
All Parties Of Interest Present.
That w were attended by the Hon
ora bic William r. Jerome. district attOr-
ney of the county of New York, and
counsel for the defendant took part in
the proceedings. The defendant attended
IN person all hearings and was orally and
physically examined,
That we examined a large number of
furnished by the district at
torney the counsel for the defendant and
called by the commission. Among them
We're prison physicians. chaplains. keep
ers. probation officer. sheriffs, guards i'm
charge of the defendant. two of the de
PENDANTS counsel and fifteen physicians.
twelve Of whom were alien!sts We have
received i'm evidence many documents and
papers including written communications
from the defendant to his counsel
Findings of Fact.
After careful examination of the de-
PENDANT personally and all Of the evi-
lence. We find the following facts:
In the frequent and in some cases
daily. during the several months last
past. intel course had by the defendant
with the TOmbs physicians chaplains,
keepers. other attendants and the proba-
lion officer. these persons failed to dis
cover anything irrational in his conduct
Dr. speech.
The defendant has taken an active part
Ia the conduct OF the trial; has made
numerous suggestions orally in court and
by letter as to the selection of jurors
and examination Of witnesses
Product of Sane Mind.
MANY of these suggestions were deemed
valuable and were adopted by his coun-
sci. anC examination Of the letters re-
ferred to shows that generally the sug-
sestiOns contained in them were mate
rial. sensible and apparently the product
IF a sane mind. While the testimony of
numerous experts called by the district
attorney ard The defendants counsel Is
reconcile BILE. that given by certain ex-
Derts who personally examined the de-
.endant during the trial and since the APP
pointment Of the commission and who.
Df all tine dHeuists examined. had great
est opportunity Of observing. disclosed
the fact that no indication of insanity
the speech. conduct or physical condition
II the defendant
Declared Perfectly Rational.
THE direct oral and physical examina-
tons Of tn defendant by the commits
sioners themselves disclosed nc insanity
In the defendant at the present time
| pom all of the facts II is our opinion
that at the time Of OR examination the
said Harry *. Thaw was sane, and is
sane. and WAS not and is not in state
Of idiocy, imbecility lunacy or insanity.
so as to be incapable Of rightly under
his own condition. the nature
If the charges against him and of con-
Quoting his defense in a rational man
neT.
The minutes of the proceedings hsj
before us and the documents received in
evidence are herewith submitted
DAVID MCCLURE,
PETER OLNEY.
LEOPOLD PUTZELL."
INDEFINITE DELAY.