The Cairo bulletin., 1907-04-05
"BRAlN STORM FOLLOWS HIS
FAILURE TO LAND PRISONER
IN MAD HOUSE.
NO INSANITY is FOUND
In Defendant at Present Time De-
cIarcs Lunacy Board--States
Attorney Objects to Secret
Session OF Probers.

New YORK April f.-HafrY ~. nav
today was declared sane by unani
nous report Of the commission In
lunacy appointed 10 inquire into his
present mental condition. The mo-
ment the decision was handed down
from Justice Fitzgerald's desk Jerome
vigorously protested against its con
firmation by the court. He charged
that he had been excluded from the
last session of the commission and
demanded to be allowed to have ac-
cess to the minutes and stenographic
notes Of what transpired at the final
mental and physical examination of
the defendant.
When Fitzgerald declined to turn
the minutes over to the district at
torney Jerome declared he would
carry the case to the appellate divi-
sion of the supreme court, asking that
writ of prohibition or mandamus be
Issued to prevent continuance of
the Tbaw trial until higher court
had ruled upon the legality of the
commissions course.
Waived Statutory Rights.
Fitzgerald reminded Jerome that
he had waived his statutory right OF
attending the last session pf the COM
mission by suggesting himself that
all attorneys be excluded from the
sitting in question. He then granted
The district attorney an adjournment
until Monday in order that he might
have time to prepare his application
to the appellate division. Jerome
protested that the time was not suf-
ficient, but Fitzgerald cut him short
with the announcement that the trial
must be concluded forthwith.
Unless Jerome should secure a
writ of prohibition in the meantime.
Fitzgerald is expected to announce
Monday that he has confirmed the
report of the commission and order
the trial to proceed without further
delay.
After adjournment today Jerome
issued statement in which he said
he could not tell until after a
thorough examination of authorities
MUtluGl w hOA ht OhrhA W AdNO ihi
ther action In the way of an applica-
ton to he appellate division. Should
he reach the conclusion, after eX
amlning the law on the subject, that
Fitzgerald had not committed legal
error in refusing him access TO the
commissions minutes. he would, OF
course. take no further action.
Jerome objects TO Precedent.
Jerome declared that II he made
application 10 the higher court IL
would be because of the precedent set
by Fitzgerald and not particularly be-
cause Of the effect in this case.
In handing down the commissions
report Fitzgerald gave no inkling
whatever as to the finding and as the
report was read in court few of those
IN the room knew what the verdict
had been. Jerome made his plea
without pcrusing the report He evi.
denily had OWNED its contents.
Before the storm of the district at
torney's protest broke. Fitzgerald had
handed to him and to Hartridge of
counsel for the defense. carbon copies
of the commissions full report.
II was from the defendants counsel
table that the nature of the decision
first became known. Hartridge
rushed over and whispered to Mrs.
William Thaw and to Mrs. Evelyn
Nesbit Thaw and then sent messen
ger hurriedly to the defendant with
the tidings.
Sweeping Victory for Thaw.
When the report finally fell into
possession Of the newspaper men il |
was seen TO be a most sweeping vic |
tory for Thaw II confirmed the re.
ports Of the excellent showing he had
made before the commission in both |
his mental and physical ests and also
indicated that the expert mhmhmh |
indicated that the only expert testi-
mouv which the commission had |
taken into consideration was that of
Bfysicians who had sad an oppor- |
unity TO examine Thaw and talk with |
him almost daily during the trial. |
The testimony of other experts who |
answered from a hypothetical basis.
was declared by the commission to
be irreconcflsble.
The most significant paragraph ia }
the report reads:
mo Insanity at Present Time"
fr0nrlnd=d IN Fffth pazal