Show I THAWS THAViS SANITY BEYOND DOUBT Unanimous Opinion of the Commission Appointed to toMake toMake toMake Make the Investigation JOY IN DEFENDANTS CAMP ARGUMENTS WILL BE HEARD MONDAY 4 4 4 f 4 New e York April 4 fIt It was waa author authoritatively authoritatively I stated slated tonight that Die DIs Dietrict 4 Attorney Jerome will Vom appeal 4 4 from the decision of or Justice Justie 4 4 aid in refusing to allow him to in f speet the minutes of the Thaw com corn commission f mission in lunacy which reported f today toda The appeal will be in the time na 4 4 ture of an action to obtain a review 4 4 of the justices ju decision and will be betaken betaken f taken In the appellate division of the 4 f supreme court f 4 4 4 New ew York April 4 Harry K Thaw to today today today day was Voas as declared sane gane by the unanimous report of the commission In lunacy lunac ap appointed appointed appointed pointed to inquire into his present mental condition The rhe moment the decision was handed down from Justice Fitzgeralds desk District Attorney Jerome was on his feet vigorously protesting against its confirmation by b the court lIe He declared he be had been excluded from the lust last ses see session session sion of the commission anti and demanded to tobe tobe be he allowed to have access to the minutes and stenographic notes potes of or what trans transpired transpired transpired at the final mental and physical examination of or the defendant When hen Justice Ju Fitzgerald declined to turn the minutes oer over to the district dl at attorney attorn attorney torney torn e Mr Ir Jerome declared he would cerry the case to the tiie appellate division n nor of or the supreme court asking that a writ of prohibition or mandamus be granted to prevent nt a continuance of or the Thaw trial until the higher court hud had ruled up tip upon tipon upon on the legality of the th commissions lons course Jerome Cut Short Justice Fitzgerald reminded Mr r Jerome that he had waived the statutory right of attending the last s session of the commis commission c mm rI lIon sion by b suggesting himself that all the attorneys attorn ys be excluded from the sitting in question He HI then granted the district attorney an adjournment until Monday morning in order that he might have time timeto to prepare his application to the appel appellate appellate appellate late division Mr Ir Jerome protested that the time was not sufficient but cut Iut him short with the an announcement announcement that the trial must mut be con eluded forthwith Unless Mr Jerome should secure a writ of ot prohibition in the meantime Justice Fitzgerald is expected to announce on Monday morning morn n that he hI has hs the report of the commission and order that the trial proceed d without further delay The district attorney and the I counsel for the defense will wID be e heard in argument as of ef f the report at Mondays s session if they th Y so O de deI desire I sire fIre I 1 Ia I Will Look Up the Law Lav LawI I After a adjournment Mr Jerome Issued a statement saying he could not tell un until unI untim tim til after atter a thorough examination of au authorities authorities authorities I whether or not he ought to take further action in the way wa ot of an application application tion to the appellate division Should he reach the conclusion after examining the law that Justice Fitzgerald had not com corn committed committed legal error In refusing him access to the commissions minutes he would of course take no further action Mr Jerome declared that if he made application application application cation to the higher court it would be because of the precedent prece ent set by Justice Fitzgerald and not particularly particular because bec of the tue effect in this case Thaws Family Delighted Thaw was not in court to hear the de decision decision cislon The jury JUT was also excluded and both prisoner and Jurors were out of or orrange range of ot the district attorneys s discus discussion discussion sion slon All the time members of the Thaw fern fam Hm ily lb Including the mother and wife of ot the tha th defendant were present however and their keen delight over oer the announcement of ot the favorable report was turned into alarm at the unexpected attitude of or the district attorney whose threat to take the matter before the appellate division of the court seemed to Involve another serious delay in the long drawn out trial The news of the time commissions verdict was carried to 10 Thaw He expressed sat but not surprise There lisa has never been at any time since the com coin commission m mission was appointed that Chat the defendant was not expectant of a favorable de do decision d He lie stated today he felt especially lucky luck because it was the second sl ond anni annl anniversary anniversary of If f his marriage Many Rumors Afloat The decision came during time the after afternoon afternoon noon session and amI after reports based upon significant circumstantial evidence had gained wide circulation that the com commission commission mission was split and could not n t reach an agreement a The two law Jaw commission commissioners ers ere David McClure and Peter B Olney were said to have haye submitted a report de dp declaring daring claring Thaw sane whereas Dr Leopold was asserted to have submitted a minority opinion that Thaw was not wholly sane despite the fact that he ap an apparently parenti had been able to advise lucidly with his counsel Justice Fitzgerald had a long consul consultation consultation tation with the three e commissioners prior to the morning session and then an announced announced that there would be no decision before 2 Meanwhile Dr withdrew from tho the conference and gave e color to the report that he was Voas at odds with his fellow members The unanimous report therefore came as n a complete sur aur surprise price prise In handing It down Justice Fitz Fitzgerald Fitzgerald gerald gave no inkling whatever as to the findings and ind as the report rep was not read in court few of or those in the crowded room knew what the verdict had been Jerome Not Surprised Mr Jerome made his plea without perusing the report lie He evidently had divined the contents however although Continued on Page 2 THAWS THA WS SANITY BEYOND DOUBT Continued from Page 1 h hf he carefully prefixed the phrase phrae if It the report should be unfavorable to my con contention to all aU of big hie bi remarks Before the storm of the dietrict attorneys attorneys attorneys protest broke Justice FItzgerald FItZ had handed to him and to Mr Ir Hart Hartridge ridge of or counsel el for the defense carbon copies of the commissions full report It was from the defendants counsel ta table table ble We that the nature natu of the th decision first nt became becam known Mr p rushed over and whispered to Mr Mrs fr William Thaw and to Mrs Irs Evelyn Nesbit Thaw and then sent a messenger m nger hurriedly to the t defendant with the tidings tiding Great Victory for Thaw When the report finally fell into the possession of the newspaper men mcc it was wasn seen n to be tIP a sweeping victory victor for Thaw It confirmed th I he reports of the showing h had made before th tb com corn commission commission mission in KIth both ht his mental and physical tests and also indicated that the only onh expert testimony which the commission had tak taken n into consideration was that of ot the phys tans who woo had had an opportunity tr tf examine Thaw Thew and talk with him aim met fit daily dall during the trial The rh testimony of the other experts who an answered from a ft hypothetical basis was de elar dared d by b the commission n n to be Irreconcilable The Tb most mot significant paragraph in th thu report reads rad The Th direct oral and physical examination nation of rhu he hf defendant bv by b the commis commissioners Om themselves disclosed no insanity in the defendant at the present time Alienists at Fault Ke suggestions Thaw made to his counsel councI Mr lr Delmas for tor his sum summing minK ming up ups speech h which the t district atler attorney fey ney y declared were evidences of Insanity and arid were frt so O attested by b the alienists he introduced int the tilt says say Many Mam Ian of or those these mg tic n were rt deemed valuable and were frt adopted bv by b his hlf coun counsel eel sel and examination of the letters re referred erred to shows how that generally the sag RUg g contained In them were material sensible mid end apparently the product of a s asane asane sane mind minda As Af a to Dr action in leaving leavin the conference today it was stated staled he did not feel It was Wits necessary rv for him to re remain rt fl i main while w Me rs McClure and Obey Olney both of whom ahorn aie ap lawyers were fre K going im over the legal It al phases of the mass mae of tee tes te I timon adduced before the commission Justice Fitzgerald himself said ald the delay dela had been occasioned by b his hi examination of the testimony Report of Commission The report port of or the com commit mission sion In full is isas isas as a follows We the undersigned appointed by It this bj by b orders dated March 16 6 and anul amial March al h 57 a commission forthwith to so examine into time tile mental condition of Harry K Thaw and to report to the court Ourt with all convenient speed p fl the facts fact and their opinions as to whether at the time of ot such examination Harry Harn K Thaw was in a state of idiocy CY imbecility lunacy or insanity so as RS to be he b incapable of or rightly understanding his own condi condl condition tIn Hon the nature of or the charges charlls against him and of conducting his defense in a H rational manner do respectfully report That before commencing our examination nation we took the oath prescribed bv by bythe the statutes That the commission was wa organized by bythe b bythe the tilt selection of David McClure as chair chairman chairman chairman man William iI m H Penny PEnn as Bartholomew Bartholome Mo as U stenographer All Parties of Interest I Present That w were attended b II by the Ute Hon lion Honorable Honorable William lam T Jerome district attorney attorney ney of the tho county of New York and amid counsel for the defendant took part in inthe Inthe Inthe the proceedings p The defendant attended in person per on all alt hearings and was orally and anti physically examined That we examined a large number of witnesses furnished by the district at attorney torney the counsel 1 for the defendant and called by the th commission llon Among them were physicians chaplains keep kePp keepers kePpen ers era probation sheriffs guards In charge e of f the defendant two of or the de tit defendants p counsel counti soul ami fifteen physicians twelve of ot whom hoDl w were re alienists we Ve hM hit have received in tn vi lenc man documents and papers paper including written from the to his imis counsel Findings of Fact After fter careful examination of the de defendant personally and all of the evi el evidence dence we find n the following facts In ln the frequent and In some ome cases casts daily dail during the several months last peat Intercourse course had bad by bo the defendant with the Tombs physicians chaplains keepers other attendants and the proba probation tion officer these there th failed to dis dIe discover discover cover anything Irrational In his hie hi conduct conductor or speech The defendant ha has has taken an active part partIn In the conduct df dt the trial has hRS made mad numerous suggestions sUSlIe orally In court and by letter as to the selection of jurors jurof and examination of witnesses i I Product of Sane Mind Many of these suggestions Sug were ere deemed valuable and were wrt adopted by b his bis coun counsel eel sel and examination of the letters etters re referred referred to shows that gEnerally the sug suggestions contained in them were mate material materIal material rial sensible and apparently the product of a sane mind While the testimony t of numerous experts called by b the district attorney attorn ard the he defendants counsel Is 11 reconcile bit hie that given glen by b certain ex experts parts who personally examined the de defendant luring during drin the trial and anti since the ap arm appointment of f the commission and who of or all the alienists examined had great greatest rent est tIt opportunity of or observing disclosed the time fact that no nil indication atlon of insanity at the present time tune could be found in lit inthe Inthe the speech conduct or physical condition of the defendant Declared Perfectly Rational The t oral and aad physical ph examina examinations of ot th tb defendant by the commis commissioners oner themselves dislo ed d no nfl insanity In the defendant at the present prent time all ail of the facts fact It Is out our opinion that at the th time of our or examination the th said Harry Harr K J Thaw was wa sane ane and is Isme nine me and was walt not and anI Is I not in a state of Idiocy Imbecility lunacy or insanity so I 54 as al to be Incapable Ip of rightly under understanding understanding standing his own condition the nature of lf the charges tS against a him anti and of con conducting ducting his ht defense in a rational man manner manner ner ncr nerThe The Too minutes of or the proceedings hal hai before us and the documents do received In evidence are herewith submitted DAVID PETER OLNEY LEOPOLD |