The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-27
Morgan j 0'Brien, Peter B.
O|nty and Leopold PutzG| TO
Decide on ThaWs Sanity
DELMAS IS PLEASED WITH
PERSONNEL OF THE BODY
Disappointed at Justice FitzgeraId's
Unexpected Action-Hearings May
Be Behind Closed Doors.
Thaw Confident.

New York, March 26.-Harry Kendall
Thaw may never again face the jury
empaneled more than nine weeks ago to
try him on the charge of murder in the
first degree. Justice Fitzgerald today un-
expectedly named commission in lunacy
to inquire into the present state of mind
of Stanford Whites slayer. The decision
of the three disinterested men named to
conduct the inquiry will guide the future
examination of the court as to ordering
Thaw to an asylum for the insane or
directing that the trial that has been
interrupted shall proceed.
Justice Fitzgerald announced the ap-
pointment of the commission privately in
his chambers. Evelyn Nesbit Thaw was
there with the lawyers, and it became
her task to break the news to her hus-
band in the Tombs. fearful when she
left the judges rooms in the criminal
court building, the young woman who
has been such conspicuous figure in
the trial from first to last, was smiling
and cheerful when Thaw was brought
from his cell to the hospital ward of the
prison to meet her. Thaw received the
courts decision philosophically and said
he had no doubt the commission would
declare him a sane man.
Personnel of Commission.
The personnel of the commission ap-
pointed by Justice Fitzgerald lends a
new distinction to this already notable
case. The men who will determine
Thaw's mental capacity are:
Morgan j. O'Bren, a formei justice of
the appellate division of the supreme
court; Peter B. Olney, former district at
torney of New York county and lawyer
of high legal attainment: Leopold Put
zef. a practicing physician and authority
on mental disorders.
Former Justice O'Brien is one OF the
trustees with Grover Cleveland of the
Hyde stock in the Equitable Life Assur-
ance society. When he was candidate
for reelection to the bench in 1901 as
democrat Justice O'Brien was unopposed
President Roosevelt made a trip from
Washington to oyster Bay to cast his
ballot for him.
Before being elected district attorney
of New York county in 1888, Mr.. Olney
had been a member of the commission
appointed In 1879 to revise the laws or
the state affecting public interests in
New York city.
DIR. Putzel. the third member of the
commission, is a graduate of Bellevue
Hospital Medical school and has had a
long experience in that institution lie
Is qualified before the medical board as
an examiner in lunacy. The Thaw jury
was ordered on last Friday to report pe-
fore Justice Fitzgerald tomorrow morn
ing at 1O30 o'clock. At that hour there
will he n brief court procedure, the jury
being excused indefinitely. Whether or
not Thaw will be brought into court fof
this ceremony remains to be seem Hs
presence will not be necessary.
No date has been l.Xed tonight Tor the
first meeting of the commission. There
probably will be some definite announce
ne-t on this point tomorrow, however,
for the law under which the commits
soners were appointed directs that they
proceed with their inquiry forthwith.
As to Hearings.
Justice Fitzgerald IL it would rest
WITH the commission az to whether or not
its hearings shall be puDic. In the last
case OF this sort in this jurisdiction-the
inc .iry into the mental condition of Jo-
sephina Terrano, who killed her aunt and
uncle-the commissions inquiry was con-
Quoted behind closed doors. The defend
ant was declared sane and subsequently
acquitted by the jury.
The Thaw lunacy commission Will be
attended by District Attorney Jerome.
The lawyers for the defendant will also
be present and the commission may di-
witnesses it may desire. 1t is probable
that Thaw will be asked first of all to
submit to a rigid physical examination.
Having undergone several of these since
hia Incarceration he is somewhat ner-
vous OF. this subject but it was said to-
night by his counsel that he would do
anything in his power to aid the COM
mission with its work, and that he hoped
for an early opinion as to his sanity.
Thaw's lawyers and the defendant HIM
Sc were downcast when they were first
made acquainted with Justice Fitzgerald s
decision, but all were manifestly pleased
when the later announcement as to the
personnel of the commission of inquiry
was n ade.
DeImas Satisfied.
Mr.. Delmas in particular declared that
Justice Fitzgerald could hardly have Sc
lected more generally satisfactory COM
mission-one whose decision would COM
m i more confidence and respect. Dis
trics Attorney Jerome seemed pleased
with the dramatic appeal he made last
vice.; to the conscience of the court, ask
inf; an interruption of the trial on the
ground that the defendant was in such
mental state that he could not in
telligeEtly confer with and advise his
counsel, and did not understand the ma
ture of the proceedings against him.
Justice Fitzgerald summoned all the
lawyers Tor the UeIenudnL ana D1SIr1ct
Attorney Jerome before him in his cham
bers this afternoon. Josiah and Edward
Ta.,s, brothers of the defendant and
Evelyn Nesbit Thaw, his wife, were tele-
phoned to by the attorneys and quickly
appeared at the court house. In ANNOUNCE
ing his decision to appoint a commission
Justice Fitzgerald read written mem-
orandum which he had prepared for the
minutes of the court. He based his de-
cision on the conflict of affidavits as
presented by the opposing sides, saying
they were too diametrically at odds to
permit of decision other than in favor
OF an impartial inquiry. After citing the
suggestions made in court by District
Attorney Jerome and the various affida-
Wits presented on both sides. Justice Fitz-
gerald memorandum reads:
FitzgeraIds Memorandum.
II do, therefore. in pursuance Of the