New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-04-05
THAW DECLARED SANE.
TTLT OYER COURT RULING.
Records Denied Him, Jerome Nay
Appeal to Higher Court.

commission IN Iulacy. winch mas Deeh
-sktnR an examination of Harry K. Thaw
handed in a unanimous opinion yesterday TO
Tus,ice FStzGerald in the Criminal Branch of the
sunreme Court finding the defendant sane for
,rrnoses OF trial and capable OF cOnferring
,.b his counsel. Justice FitzGerald did not
consrn1 the commissions report, however. as
District Attorney Jerome served notice that IN
All probability ne would apply TO the Appellate
ro,vision OF the Supreme Court for a writ OF
r,andanus or OF prohibition against the presid-
ing Justice. For this purpose and to allow the
prosecutor to make final argument against con-
armaton adjournment was taken. until Mon
Gay morning.
with one exception it is said. such proposed
action is unprecedented in the courts of this
jurisdiction. Some years ago the District At
,ornev applied for a writ Of prohibition against
she Recorder at that time. John ". Con.
The application was made TO Justice Fitz-
Gerald. the present presiding justice in the
Thaw trial. but ii was denied. Mr. Jerome Sc
rursd a stay. and an appeal was taken, and the
appellate Division granted the writ, and later
me Court Of Appeals. on appeal by the defeho-
ant. confirmed the Appellate Divisions decision
That case was not in connection with an insan-
lty commission report, however.
The attitude Of The District Attorney was as
suroed as a result Of the courts refusal to allow
seedlings Of the commission IN lunacy. when he
and counsel for Thaw were excluded. The
nrosecutor believes that he is legally entitled &c
insDect them. and also believes that they will be
rf great Importance 10 him in any future action
he nay take. The the law. he contends. the
District Attorney is empowered 10 be present al
all examinations. the code reading he must"
attend
JEROME DEFINES HIS STAND
The District Attorney made the following
statement regarding his position after the court
adjourned:
do not care 10 discuss the case, because in
ny opinion II would be unseemly to do so.
cannot tell until have examined the authorities
and the facts whether I ought 10 take any fur
ther action not in the way Of an application
70 the Appellate Division When I have gone
Byer the facts in my possession and examined
me law on the subject. should be OF the opinion
that the learned presiding justice has committed
legal error 7 win seek 10 review his adjudication
n fhe authorities permit. Should l. on the other
hand. reach the conclusion that he has not COM
mitted error I viii. Of course, take no further
action. The decision Of the court is most i'm
p0rtant one, not alone in its bearing on the
Jhaw case bat especially as forming precedent
FOR the conduct OF such Inquiries, and while
greatly deplore the delay II Is OF the highest
public importance that The procedure in cases Of
his kind sh0dld be clearly settled.
Late last night it was said that the District
Attorney had decided 10 appeal to the Appellate
Division from Justice FitzGerald's decision. and
that the appeal would be in the nature of an
action 10 obtain review Of the justices decision
The report Of the commission came after hours
q waiting, The long suspense caused all sorts
y wild rumors TO be current Counsel were en-
hrsly al sea as 10 the final determination, but
was generally believed that the delay was
caused through doubts on the part of DR.. Leopold
Fr1- III
pom. in full, is follows:
TEXT OF COMMISSIONS REPORT.
20 the Supreme Court:
deTs dated Msrch s. s5 aRG March 1as e. op is 0s
permission, forthwith 70 examine into the mental
i0u With ali convenient speed the facts and their
,ioI i1n 1S - % "RetAsr at The time Of such exam
snoeellit:, lUnacy or insanity. be incapable
fature OF the charges against him and Of conduct
fg Ms defence in q rational manner. do respect
That before commencing our examination
N9k the oatn prescribed by statute.
lhat the commission was organized by the selec-
ion of David Mcclure as chairman William X
10y as cerk and Bartholomew Moynahan
That We were attended by the Hon William T
sork and counsel Tor the defendant took part in
, ,as 1 p1Toceeclngs The defendant attended in per-
~ al ot the bearings, and orally and physi-
ghat We examined a large number Of witnesses
Ne defendant. and called by the commission
IesPers probation ofcers @ sherfs sTi gnards l'T IN
snarge Of the defendant. two of defendants coun-
tlenists We have received in evidence many
sS.uinents slLnts and papers. including written com
Allcdtons from the defendant 10 his counsel
After careful examination OF the defendant per
'Snaiy and Of all the evidence. find the follow
n the frequent and IN some cases daily, during
s 6efeads6t S s tb aT6s E5 had by
salns, keepers other attendants ard the probation
n FtfFD
rational IN his conduct op speech. '''' '''''s
,5.e 9e qeisndant has taken an active part IN the
s--l-ueL oI TIE trial has made numerous suggcs-
Jon os Jurors and examination on Witnesses Man
y these SUGGESTIONS we're deemed I-aInsIle anS
heie adopted by his counsel An examination of
,rssestons contained IN them were InateriaIs sem
'1s ana apparently the product OF a sane mind.
nntHe t..e testimony Of the numerous experts
eled by tho District Attorney and the Sefendant's
~ ~ -, ssis5ilIy examined the defendant dur
- ulel and since the appointment Of the com
- - inc greatest opportunity Of obser alton dis
~ nc tart that no Indication OF insanity at
'seauci Or physical condition OF the defendant
49, olnect oral and physical examination of the
.i.sslsent by the commissioners themeelves dis
An no insanity IN the defendant the present
1pon all the facts. Il Is our opinion tha. NJ the
Ear a. ~ oar i examination the said Harry X. Thaw
~ 40. = shhe and was not and is NOT in state
i,.-.olosgg imhecty. lunacy insanity as TO be
tnR tie ns,fre ~ IN , eslolile rs oGn condi1
rsf,aanetlng his defence In rational manner
~ 80 he docunaents received in evidence arc here
PFTFR SHrFR aGl1tl q. d4HFv NV
LEOPOLD PUTZEL.
THAw's FAMILY AWAIT VERDICT.
ne scene IN the courtroom when the com-
hisaion's report was announced By the Justice
vas exceedingly impressive After long wait
= me morning and an adjournment until after
MON me courtroom was crowded made so, 10 a
-'NsQeTable extent. by the presence Of the April