The Barre daily times. (Barre, Vt.) 1897-1959, 1907-04-05
JEROME WILL APPEAL
ON JUDGES RULING
BY Which The Minutes Of The Thaw
Commission Were Refused Him
For Examination Yester-
day Afternoon.

ASA A@AAAAAAHNhuA A~s~e%
day Afternoon.
New York, April 5.It ii stated atl-
lthoritiyely that District Attorney Je
rome will appeal from the decision of.
Justice Fitzgerald refusing 10 allow Mr..
EJerome to inspect the minutes of the
commission which yesterday afternoon
reported that Harry H. Thaw is sane
The appeal will be in the nature Of an
action to obtain review of the JUS
tice's decision, and will be taken in the
appellate division OF the supreme court
0ccasioned Much Surprise.
Before the district attorneys vehement
protest Justice Fitzgerald had handed to-
him and to Nit. Hartridge counsel for
the defense, carbon copies of the com.
missions full report. III was from the
defendants counsel table that the nature
lot the decision first became known Mr..
Idartridge rushed over and whispered to
Mrs. William Thaw and Mrs. Evelyn
Nesbit Thaw and then sent messenger
lhurrying to the defendant with the glad
tidings.
When the report finally fell into the
ECNsfNootOAA VI 3ttiI iACN0DNHtl iItBf 1t Nuc
seen to be a most sweeping victory for
Thaw 1t confirmed the reports of the
excellent showing be made before the
commission ID both his mental and ply
sical tests, and indicated also that the
only expert testimony which the com
mission took into consideration WAS that
of the physicians who had had an op
portunity to examine Thaw aud talk
with him almost daily during the trial
The testimony Of the other experts, who
testified from Hypothetical bases, was
declared by the commission 10 be irrecon-
cilable. The most significant paragraph
in the report reads:
HIIhe direct oral and physical examina.
tion Of the defendant by the commits
sioners themselves disclosed no insanity
in the defendant at the present time"
With reference to the suggestions
Thaw made to his counsel, Mr.. DeIlnas,
for his summing up speech, which the
district attorney declared were evidences
Fof insanity aud were so attested by the
alienists he introduced, the commission
says:
Many OF these suggestions we're deem
ed valuable and were adopted by his
counsel and examination Of tile letters
referred to shows that generally the sug-
gestions contained in them were material,
sensible and apparently the product Of q
sane mind"
AS to DR.. Pntzels. leaving the con
ference yesterday, it was explained be
did not feel ii was necessary for him to
remain while Messrs. Mcclure and on
ney, both Of whom are lawyers, we're
going over the legal phases Of the mass
of testimony adduced before the com
mission. Justice Fitzgerald himself an
neunced that the delay had been occa.
stoned by his examination Of the testi.
mony.
Jerome Entered Protest.
The moment the decision was handed
down from Justice Fitxgerald's desk,
District Attorney Jerome WAS on his
feet vigorously protesting against its
confirmation by the court He charged
that he had been excluded from the last
session OF the commission and demanded
access to the minutes and the stenogra
phic notes Of what happened at the final
mental and physical examination Of the
defendant. When Justice Fitzgerald de-
elined TO turn the minutes over to him,
Mr.. Jerome declared he would carry the
case to the appellate division of the
supreme court and ask that writ of
prohibition or mandamus be granted to
prevent continuance of the Thaw trial
until the higher court had ruled upon
the legality Of the commissions course.
Justice Fitzgerald reminded Mr.. Je-
rome that he had waived the statutory
| right Of attending the last session of
the commission by himself suggesting
that all the attorneys be excluded from
the sitting in question. Ee then granted
the district attorney an adjournment un
til next Monday morning, 20 that he
might have time to prepare his applica
tion to the appellate division.
| Mr. jerome protested that the time
was too short, but Justice Fitzgerald
| cut him with the statement that the
trial must be concluded forthwith.
Was Thaw's Lucky Day"
| Thaw was not in court to hear the
decision. The jury, which has heard
| the testimony against his was also ex-
cluded and both prisoner and jurors
we're ont Of hearing Of the district at
tornegss heated discussion with Justice
Fitzgerald Ah the members Of the
Thaw family including the mother and
wife Of the defendant. were there. how
Il Ter. and their keen delight over the an
nouncement of the favorable report
from the lunacy commission was turn
ed into alarm at the unexpected atti-
tude of the district attorney, whose
threat to take the matter before the APP
pellate division OF the court seemed to
1 tn.,a1.sa ounthar aarinita daiav In tha
long drawn out case
The news Of the commissions unani-
nous verdict as to his present sanity
al carried to Thaw in the prisoners
pen. He expressed satisfaction but not
surprise There has never been TINA
since the commission was appointed
that he has not been wholly confident Of
favorable decision. He declared yester-
day that he felt especially lucky be-
cause 1t gyas the second anniversary Of
| his marriage.
yEPMONTER BY NAME OF SMITH.