OCR Text |
Show to est cp ras mm by Justice Fitzgerald Decides That affidavits Presented by Jerome Justify Examination of Defendant by Alienists; Prosecuting Attorney Had Been Confident of This Result, but Delmas Certain of Contrary Decision. X M v 1 NEW TORE, MARCH 26. A COMMISSION COM-MISSION TO BE APPOINTED BT JUSTICE FITZGERALD OP THE SUPREME SU-PREME COURT WILL DECIDE THE QUESTION AS TO WHETHER HARRY HAR-RY X. THAW IS NOW SANE. HIS TRIAL BEFORE A JURY FOR THE MURDER OF STANFORD WHITE WILL BE INTERRUPTED PENDING THE REPORT OF THIS COMMISSION. COMMIS-SION. IF THE COMMISSION REPORTS RE-PORTS THAT HE IS SANE AND THEREFORE CAPABLE OF ADVISING ADVIS-ING WITH COUNSEL AND OF UNDERSTANDING UN-DERSTANDING THE PROCEEDINGS AGAINST HIM, THE TRIAL WILL BE RESUMED, BUT IF IT SHOULD BE FOUND THAT HE IS NOT SANE NOR CAPABLE IN A LEGAL SENSE APPLICATION WILL BE MADE FOR HIS COMMITTMENT TO AN ASYLUM, ASY-LUM, PROBABLY THAT AT MAT-TEAWAN, MAT-TEAWAN, FOR THE CRIMINALLY INSANE. Justice Fitzgerald's decision to appoint ap-point a commission followed a conference confer-ence with the attorneys in the case today. to-day. The Justice told counsel that he had given the various affidavits careful consideration, but as they were too widely at variance he felt that he could not properly pass upon them. Therefore he had decided that it would be best to submit the entire matter to a commission com-mission in lunacy. As Thaw's counsel left the room after the announcement of. the decision, one of them said: "It could not be worse." Mrs. Evelyn Thaw was weeping as she left the room to go to the Tombs prison. The commission is composed of Morgan Mor-gan J. O'Brien, a former member of the Supreme court; Peter B. Olney, a lawyer, law-yer, and Dr. Leopold Putzell. Mrs. Evelyn Thaw broke the news of Justice Fitzgerald's decision to her husband hus-band in the Tombs prison this afternoon. after-noon. She was accompanied to the Tombs by Hartridge and O'Reilly, of Thaw's counsel, and they met Thaw in the hospital ward aa the conference room was occupied. Mrs. Thaw had nerved herself for the ordeal, but her announcement was greeted by her husband hus-band with condolences. "Never mind, dearie," he said, "it will be all right. I am sane now, just as sane as the Judge is, and any fair-minded fair-minded commission will declare me so." HARRY K. THAW'S INSANE STARE. |