Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-01-12

up to or subsequent to the homicide
in June 1906, such omission is not ap
parent from the transcripts of cross
examinations before us. In this way
We have had photographs more or less
distinct of Thaw's mental condition on
the dates named, and his then atti-
tude with reference to the acts of his
life.
We also had before us various ex
hibits, letters and other documents
used upon the two trials for homicide,
and in other proceedings, some of
which were furnished by counsel for
the state of New York and some by
Thaw's counsel"
The report then tells of the public
hearing held Jan. Z, at which inter-
ested parties were asked to offer evil
dence of acts committed by Thaw in
his committal to Matteawan tending
to show personal violence, and evil
dence to the contrary.
Counsel for the state of New York"
it continues, declined to appear on the
alleged ground that our power under
the order of the court was inadequate
to determination of the question
submitted. Counsel appeared for Thaw
and offered evidence of his custodians
since September Is, 1913"
Mental examinations of Thaw were
made by the commission during four
days in December and from time to time
afterward. The report says these exami-
nations covered a searching inauisition
into all the acts of his life, including a
review of his statements thereon made in
the various cross-examinations' above re-
ferred to. They also included an exami-
nation of his present and former mental
attitudes with reference to all his acts
prior to, at the time of, and subsequent
TO the homicide, and a comparison of
his present statements with those made
on each of the former examinations
A careful physical examination ito de-
termine the presence or absence of struc-
tural or functional disturbance of the
nervous system was also made.
I'm its study and deliberations, con-
tinues the report, ''the commission has
in the main confined it's attention 10
facts, preferring to attach little import
ance for it's purpose to the conflicting
opinions of expert and other witnesses in
adversary hearings.
LAS the result of this careful search
for the truth, and having had In View
ell that has been adduced for and against
the allegations of constitutional inferior
ity, we has arrived at definite and pos
tive opinion as to the present mental
condition of Harry X Thaw and his
probable state of mind at the time of
the homicide. We refrain from express
ing our opinion on those points in view of
the specific terms of the rescript whereby
our advice has been sought by the court.
namely:
1T Is not intended that there should
be broad trial upon the general ques-
ton of insanity, because it is not the
purpose, in dealing with this particular
question of public phase and menace, to
embarrass any subsequent litigation
where the broad question of insanity
might be involved''
The finding on the question of menace
already quoted ends the report
Harry Thaw attended church with his
mother today, first time since he has been
here. They went to the South Congrega-
tional and were accompanied by one of
Thaw's guards.
Later they were informed of the find
ing of the commission, but though evil
IDENTIFY pleased neither would make any
comment, saying that they were acting
by advice of counsel.