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Show Members of Lunccy Commission Appear in Court; Receive Instructions From Justice Fitzgerald and Are Presented to Opposing Counsel;-Defendant Confident That He Will De Declared Sane; Jury Excused for Five Days. NEW YORK, MARCH 27. FOR WHAT MAY BE THE LAST TIME, HARRY K. THAW WAS IN COURT TODAY TO FACE THE JURY BEFORE BE-FORE WHICH HE HAS BEEN ON TRIAL. THE JURY HAD BEEN EXCUSED EX-CUSED WHILE THE APPOINTMENT OF A LUNACY COMMISSION WAS UNDER CONSIDERATION. ACTUAL SESSIONS OP THE COURT BEING ADJOURNED UNTIL TODAY. IT WAS EXPECTED THAT IN VIEW OF A LUNACY COMMISSION YESTERDAY YESTER-DAY THE COURT WOULD AGAIN TODAY EXCUSE THE JURY FROM FURTHER ATTENDANCE UNTIL THE COMMISSION HAS COMPLETED COM-PLETED ITS WORK. THAW PREPARED FOR THE DAY WITH MORE THAN USUAL CARE, BELIEVING HE WOULD BE UNDER THE SCRUTINY OF THE MEMBERS OF THE COMMISSION AT SOME TIME DURING THE DAY. After breakfast he read over the newspapers, taking a keen interest in the various reports of the appointment of a commission to examine into the question of his sanity. He appeared puzzled, puz-zled, at the different conflicting stories told as to the method of procedure and asked Peabody, of his counsel, to explain ex-plain the procedure prescribed by law. Peabody remained for an hour with Thaw. No other visitors called. Wife and Mother There . As Thaw appeared in the eourtreom, his wife, mother and sisters entered the building together. They went to the ante-room. Justice Fitzgerald, accompanied by Former Justice Morgan J. O'Brien, the head of the lunacy commission, arrived a few minutes later. Dr. Leopold Put-zell, Put-zell, the medical member of the commission, commis-sion, was already in the courtroom. Peter B. Ohaey, the third commissioner, waa not in the building, but was expected ex-pected momentarily. The iury reported at the criminal courts building at 10:30 o'clock, but were kept waiting for more than an hour by Justice Fitzgerald, who was engaged at a canference in his chambers cham-bers with the commission in lunacy. Justice Fitzgerald, it was said, went over all the details of the case with the commissioners and also discussed with them the scope of he inquiry, they are o undertake. ;. Prisoner Looked Well. Following the consultation with Justice Jus-tice Fitzgerald, all three commissioners filed into the courtroom. The jurv entered en-tered a little later and Harry K. Thaw was called to the bar. The prisoner looked better physically than for some time. All the members of his family were in court. When Justice Fitzgerald took his ?lace upon the bench he turned at once o the jury and announced that it would be excused until 10.30 o'clock next Monday morning. The jury withdrew and Thaw was returned to the Tbmbs. Justice Fitzgerald then summoned the lawyers to his desk and consulted with them for several minutes, after which he ordered the adjournment of court until Monday morning, thereby indicating in-dicating that he expects the'inquiry into in-to Thaw's present mental state to be brief. The conference at Justice Fitzgerald 's desk, it was said, had to do with fixing upon some member of Thaw's counsel upon whom all official notices in the future should be served. Clerk Tcnny was ordered to note upon the records of the court that all such notices in the future shall be served upon Hartridge. Delmas was not in court today. His law partner, however, McPike, was at the counsel table, while the conference confer-ence at the Judge's desk was in progress, pro-gress, Thaw's mother and wife entered into a lively conversation. May Reject Report. The Justice appointing a commission in lunacy has the power to reject its report. re-port. Thaw will be present at every session of the commission. He must submit to a physical examination by the doctor on the commission, but may refuse to subject himsejf to an oral examination. ex-amination. If he should do so, however,' how-ever,' it might be construed as an acknowledgment ac-knowledgment that the District Attorney's At-torney's contention is correct. While all three members of the lunacy lu-nacy commission said last night that they had consented to serve, they would give no opinion as to the course of procedure, saying they would have to wait until after their informal conference con-ference today. "I readily accepted the appointment," appoint-ment," said Peter B. Olney, "because 1 believed it . to be in the nature of a public duty." He expressed the opinion that the meetings of the commission com-mission would be public. "Yes; I have accepted the appointment appoint-ment on the commission," said ex-Justice ex-Justice Morgan J. O 'Brien. ' ' We shall get down to business at onoe and considering the nature of our work, will hasten it as much as possible. I think the work of the commission should not take longer than a few days. "Of course, 'if Harry Thaw appears (Continued on page 8.) THAW CASE (Continued from page 1.) before the commission, where we can see him for ourselves, and form our own conclusions, ratheT than accept descriptions de-scriptions of him, it will help to facilitate fa-cilitate our work. If, in our judgment, we consider it best to hold some executive execu-tive sessions, we shall do so. It may be tha some of the meetings will bo held in public and some in private." Who the Experts Are. Morgan J. O'Brien is a former Justice Jus-tice of the Appellate division of the Supreme court; Peter B. Olney is former for-mer District Attorney of New York county and a lawyer of high legal attainments, at-tainments, and Dr. Leopold Putzel is a practicing phvsician and authority on mental disorders. Former Justice O'Brien is one of the trustees, with Grover Cleveland, of the Hyde stock in the Equitable Life Assurance society, purchased by Thomas F. Ryan just prior to the insurance investigation. When he was a candidate for re-election to the bench in 1901. Justice O'Brien was unopposed. President Koosevelt made a trip from Washington to Oyster Bay to cast his ballot for him. Before being elected District Attorney Attor-ney of New lork county in 1S83, Mr. Olney had been. a member, with William Will-iam C. Whitney, of the commission appointed ap-pointed in 1889 to revise the laws of the State affecting public interests in New York Cit-. ye is a graduate of Harvard. Dr. Putzel is a graduate of Bellevue Hospital Medical school, and has had a long experience in that institution. He is qualified before the State Medi-can Medi-can board as an examiner in lunacy. Peter B. Olney and Dr. Putzel of the lunacy commission, were in Justice Fitzgerald's chambers at 3 o'clock, but at 3:45 o'clock the chairman, former Justice O'Brien, had not appeared. District Dis-trict Attorney Jerome and Thaw's counsel were present. It was announced that the afternoon session of the commission would not be an open one. The commissioners desire de-sire 4hat counsel should present to them copies of the affidavits filed with the court when the motion for a commission commis-sion was made, and also a copy of the hvpothctiral questions asked of the afieuists during the progress of tho trial. The commission is also expected this afternoon to fix the time of its future sessions. |