The Globe-republican., 1907-03-28
rHAw,s FATE NOW RESTS
WITH A COURT OF LuNAcy.
THE BOARD CONSISTS OF THREE
including Former Judge, Attorney
and Physician - wife Breaks
News to Imprisoned Husband,
Who 10 Sangulne.

Thaw may never again face the jury
empanelled more than nine weeks
ago to try him on the charge Of muir.
der in the first degree. Justice Fltz-
gerald today Unexpectedly ordered
a commission in lunacy to inquire
into the present state Of mind OF
Stanford Whites slayer. The de-
cision of the three disinterested
men named to conduct the inquiry
will guide the future action Of the
court as to ordering Thaw to an
asylum or directing that the trial
shall proceed
Justice Fitzgerald announced the
appointment of the commission
privately, In his chambers. Evelyn
Nesbit Thaw was there with the
lawyer, and 1t became her task to
break the news to her husband In
the tombs. fearful when she left
the judges rooms in the criminal
court building, the young woman
was smiling and cheerful when
Thaw was brought 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 sane man.
The commissioners appointed by
Justice Fitzgerald are Morgan j.
O'Brien, a former justice of the ap-
pellate district of the supreme
court; Peter H. Olney, former dis
trict attorney Of New York county
and a lawyer Of high legal attain
ments, and Dr. Leopold Putzer, a
practicing physician. and authority
on mental disorders.
The Thaw jury was ordered last
Friday to report before Justice Fitz-
gerald tomorrow morning at 1890
o'clock. At that hour there will be
brief court procedure, the jury
being excused Indefinitely. Whether
or not Thaw will be brought into
court for this ceremony remains to
be seem His presence will not be
necessary.
No date has been fixed for the
first meeting of the commission.
There will probably be some def
mite announcement on this point to-
morrow, however, for the laws I'M
der which the commissioners were
appointed directs that they proceed
with their inquiry forthwith.
Thaw sent out a statement say
ing.
Everything is perfectly satisfac-
tory to me- I am sure | will be able
to satisfy the commission that am
sane at the present time"
When the commissioners have
concluded their examination they
must forthwith report the facts to
the court, with their opinion there
on. If the commission find the de-
PENDANT insane the trial or judgment
must be suspended until he becomes
sane and the court. II 1t deem his
discharge dangerous to the public
peace or safety, must order that ne
be In the meantime committed by
the sheriff to a state lunatic asylum
and upon his becoming sane he De
delivered by the superintendent OF
the asylum to the sheriff. When re-
ceived into an asylum he must be
detained there until he becomes
sane. Then the superintendent must
give written notice of the fact to- a
fudge of the supreme court of the
district in which the asylum is
situated. The Judge must require
the sheriff without delay to bring
the defendant from the asylum and
place in the proper custody I'M
til he be brought to trial, judgment
or execution, as the case may be, or
be legally discharged.