Daily press. [volume] (Newport News, Va.) 1896-current, 1907-03-27
COMMISSION NAMED TO
EXAMINE HARRY THAW
Justice Fitzgerald Surprised Law
yer BY UnexpectIy Calling Them
to His Chambers.
ACCUSED SAYS He IS SATISFIED
News Broke to Him by His Wife and
Received With cheerfulness-on
of the Jurors Reported to Have
Talked About the Case Too
Freely.
(By Associated Press /,


NEW YORK, Mar. 26.-Harry X.
Thaw may never again face the Jury
empanelled more than nine weeks ago
10 try him on the charge of murder
in the first degree.
Justice Fitzgerald today uneXpect-
eddy handed down decision ordering
commission in lunacy to inquire in
TO the present state of mind of Stan
ford Whites slayer. The decision of
three disinterested men named to
conduct the inquiry will govern the
future action of the court as to the
ordering of Thaw to an asylum or
directing that the indefinitely inter-
rupted trial for his life shall proceed.
Justice Fitzgerald announced the
appointment Of the commission priv
atelv, in his chambers. Evelyn Mes
bit Thaw was there with the lawyers
and 1t became her task to break the
news to her husband in the ToHnibs.
fearful when she left the judges
rooms in the criminal courts build
Ing, the young woman who has been
such 4 conspicuous figure in the trial
from first to last was smiling and
cheerful when Thaw was brought from
MS cell to the hospital ward of the
prison TO meet her. Thaw accepted
the courts decision philosophically
and once more declared he had no
doubt that the commission would de-
clare him sane man.
The personnel of the commission by
Justice Fitzgerald lends new dis
tlnction to this already notable case.
.he men who will determine Thaw's
mental capacity are Morgan j. o.
Brien, former justice of the Appel.
late Division of the Supreme Court;
Peter B. Olney, former district attor-
ney of New York county and law
yer of high attainments, and DR.. Leo
pold Putzel, practicing physician and
authority on mental disorders. DR..
Pntzel is graduate of Bellevue Hos
pital Medical school, and has had
long experience In that institution.
lie qualified before the state medical
board as an examiner in lunacy.
The Thaw jury was ordered on last
Friday to report to Justice Fitzgerald
tomorrow morning at 1920 o'clock.
AT that hour there will be brief
court procedure, the jury being ex.
cused indefinitely. Whether or not
Thaw Will be brought into court for
this ceremony remains to be seen. His
presence will not be necessary. No
date has been fixed tonight for the
first meeting of the commission. There
probably will be some definite an
nouncement on this point tomorrow,
however, for the law under which the
commission was appointed directs
that they proceed with the inquiry
forthwith. Justice Fitzgerald said it
would rest with the commission as to
whether or not its hearings shall be
in public. In the last case of this sort
In this jurisdiction-the inquiry into
the mental condition of Josephine Ter
ranova, who killed her aunt and I'M
Gle, the commissioners inquiry was
conducted behind closed doors. The
girl was declared sane and was ac-
quilted by the jury
Will Examine ThaW.
The Thaw commission viii ne at.
tended by District Attorney Jerome.
The lawyers for the defendant will
also be present and the commission
may require the attendance of witness
ses it may desire. 1t is probable that
Thaw will be asked first of all to sub
init to q rigid physical examination.
Thaw's lawyers and the defendant
himself were doWncast when they
We're first made acquainted with Jus.
tice Fitzgerald's decision, but all were
manifestly pleased when the latter an
nouncement as to the personnel of the
commission Of inquiry was made.
Mr.. Delmas, in particular, declared
that Justice Fitzgerald could hardly
have selected a more generally salts.
factory commission and whose deci.
sion would command more confidence
and respect. District Attorney Jerome
seemed pleased with the result Of the
dramatic appeal he made last week
to the conscience of the court, asking
an interruption OF the trial on the
ground that the defendant was in such
mental state that he could not in.
diligently advise his counsel and did
not understand the nature of the pro.
ceedings against him.
Justice Fitzgerald summoned all the
lawyers for the defendant and Dis
trict Attorney Jerome before him in
his chambers this afternoon.
Josiah and Edward Thaw, brothers
of the defendant and Evelyn Nesbit
Thaw, his wife, were telephoned to
q \