Show I I I t I WILL Ill LEARN FATE l. l NEXT WEDNESDAY y 1 Justice Fitzgerald Withholds All Al 4 Comment Until Jury Is Reassembled t SHORT SESSION IS HELD i t. t V VV Takes Jurist In Thaw Case V Three Minutes to Tell Tel Decision Decision De De- I Lunacy on Now Ne' W York March harry f Harry Thaw will wi V tIn the faze fase that Hint Justice JI Fitzgerald V Im has lias In store store- for Cor him on Wednesday V I VV S In lii 1 a three minute session of court V tOla today th justice evident c his In Intention In- In V not to announce his decision In Inthe V the tIme matter maU maUor of or a lunacy commission lon until un un- V f 11 j V mu til the date nate fixed f fe fc- the reassembling of or the tho jury Court COUl thereupon adjourned adjourned ad ad- V V V V V after one of the bri briefest t ses- ses V j o Ions on record No o hint as os to the in intention In- In ten lon of or Justice Fitzgerald in the V matter wa WM permitted lo to leak Iok Olt out Indeed In- In I deed there thre IH is 11 reason rEason to heI believe heIP P since J Justice I ld did 1111 not riot ha have hae e time timeto V to ta take up tip the Thaw affidavits V V tola today that lie he hl has not yet t made macIc up UI V P his hl mind whether to appoint n. n f commission com coin V V V V mission lon or order artier the trial to proc proceed d. d On th the part of counsel for Thaw han however ho er there Is the OIl utmost confluence confidence V that that-no no commission will be lie named In itt Inthe the time dl district attorneys attorney's office the be le bellof hl- hl lid lt I Is ii strong that the lo logic lc of IC the situation demands demand th the naming of o a V commission Ion V Surely Surel if If Titan Thaw IH is sane Is J the way thC they phrase It I. I he hi hf has nothIng nothing nothing- to fear V V from Crom a commission slon And on the other V V V hand hane U it I seems Jeems to lo u us that from the th VV flat fist fat contradictions in time tho sets sou of af- af i ltV filed by b the tato lato a und amid c the tl defense de tie- V V t the he on only I recourse C of or J Justice V IK Ii 11 let td naino nun a a. lunacy lunac board and anti permit It to take 9 1 over the a I tt I I I t y Jerome Jerou Will 11 l Puh Cn Cl r. r V V It Is said aid that Jerome has ham determined V V however hOI er in iii the event of or court Cur refusing refus refus- V lag ing In to name Hame n it commission to lO sink Ink hi i I II Ic a nit al to Thaws Thaw's sanity Antt I press e for fot u a 1 of murder lit in V the he first degree Through a Jerome and Garvan Ganan and all of or the counsel for forthe forthe or orthe the defense ll r no as 31 welt well E al an as n the wife r r rand 1 ry and arid sisters n a Ih t. t l' l It 1 I lt 9 QI l J r. r f J In V VI b r o u fir it t Jn J n to to ii r i f i As time lime p ue with wih r. r VV V Thaw Than chatting chatting- V with l e Mrs tJ g n Nesbit Thaw while her daughter rem the thc counts countess of at Tnt mon ru talked with several of the tue er expert It became manliest manifest that 1010 JIt mistake ku had been boen m made dl Clerk Cleri Penny any wa on hand 1 but tie lie le hud had received no ml menage jn l' l from Crol rain Justice PItK ral who did lid not lint V put in an appearance and when noon finally arrived without the arrival ll of qt I V j V VIto tho Ito Justice lh tho Thaw family abandoned aban ubal- ubal V V V V hope of ot anything being accomplished V t pushed a and 11 went to tho thir Tombs nh In 1 t bod body V V rime Tho defendant had bait V been V moving mo r about actively In Sn his lila cell from froU rout early t-ariy earl V morning After ACel consulting with nuts mus and nd others of or hi 11 counsel could 11 nul iid V giving attention to a bundle bundlE 0 of docu documents doel- doel 4 meats ments having hn reference to the tIme pre present lt V phase of oC th the ease case lie ht chaU chatted with hl his relatives 5 until 1 I Since the tho suggestion sug sU- V V. V f V V 1 V reston was made for a commission in lunacy lunac time the defendant ha has shown great great- greater grealer V er activity thU than thon at an any time tinte since hl his wife took look the stand In lit the time case cas He lie 1 feels eels that thal the th critical stage stag of or his trial has hal now been ben reached and und dall dally daily he itt I I Is engaged nd with wih hl c counsel In going over O Er f fE very overy E r feature o of the proceedings proceeding V It 1 11 All 1 Hoi Hoti SO Sn SOM M Than Ilon t t Its Hs au all rot fot says he lie In regard to tho the 1 statements of Jt Jerome rol and hi hl his experts V ff o i iI that lie Ito Is Incurably Insane I 1 think k I have o hu given proof of my 0 sanity v But hut If the court thinks s n a commission I is necessary I shall n o In iii every r wn way if i th they come came to mo 10 to make munlee nn an ex cx- cx X- X V V V i h Thaw w w. w It Is s understood is I 1 much amuck more mon V concerned about th the condition of oC hl his V wife wire than thai at ot Ills hII own fate falo at the thc hands U n. n of oC f a lunacy lunac commission Mrs Thaw Than Indeed app appears ors to bit bt bl falling almost ulmo t dally Sh She J has uc grown g perceptibly perceptibly- V t thinner since she ht first appeared on tIme the i. i witness is stand and anti h her t face shows r signs Igns of or deep grief and almost con con- slant worry Th The danger of oC her bus bus- IHs IHs- band being sent spul to a u madhouse which V f. f i- i has arisen at a time when h lie was WOI f looking confidently for 01 his acquittal ha has mas ben been a n severe ere blow to lo the time young oln V V. V woman iranian To the world however er site she he still sti presents pre pre- a smiling fact face and there can beIto be beno beno no Ito doubt that she I is receiving all al the V sympathy and support possible from Crom rout V the lie mother an and sisters of or her husband who vho are aro themselves on the verge of or a n down break by b r reason of or tho the long or- or orlea V Jeal lea which they have undergone Tho The usual sual crop of or rumors about rows rowl VI imong among counsel for Thaw was harvested har today toda ode ode- One of oC the tho mO most l circumstantial al was as as that and Thaw had disagreed eli dis agreed In the thc Tombs lombs D it I was V aul Ul was vas seen coming cominS from frol the tl prison pi In n u a state of or perturbation V J K er tiling Is Js Satisfactory V lie IIo was a asked later Inter about his with th the defendant r rc- rc V I eat i he why h I 1 never had ha a pleas pleas- inter anter Interview with wih iUm Mr Ir Thaw haw since 1 r O h known him hint I am sorry It If l I havo o ha eyed lut to the r reporter porter lh the impression I I hat I was waa perturbed or dl disturbed or or 01 oven even ruffled Perhaps P hm hO tad cad that Into luto 1 my y manner because I to talk about I m my V with Mr tr Thaw 11 No 0 there I Is no tr V re Everything r l is h j satisfactory at I Great Creat mystery also ahio attached to lo a docu docu- tient which Mr Ir Olemon dhu on lel with Clerk benny early In the afternoon and then J that that Is to fn say pay he took It It awa away gain It I was wat cel reported a aj af that noth noth- lo ns rig hail had hal been Jed then that It was a of oC V Vo V j no 10 o Importance ce cc then then t it Immediately ap- ap VV that Mo t Glea Cleaon n had tiled died a brief V wih the th clerk cleric but learning le from Crom t tIe the e Continued on ott Page Two wo V t z V I 1 r WILL LEARN FATE WEDNESDAY Col from P Page Pago g-e g One ne other oiher counsel that It II was their unanimous ls is opinion that no brief sho should lcJ be he pre presented b by their side unless unions Jerome prevented pr eI cl clone one Mr Ir Gleason thereupon withdrew w the tin document No o other papers Japers were in lh the case today loday and further affidavits or teM tes- testimony were not rol needed by hy Justice FItzgerald FItz gerald to lo assist him It hi leaching reaching a de de- cislon The matter mailer is entirely in hi hey hands everything now note noa a awaits walts upon hi hl his determination The un understanding Is that he lie will announce an tan his decision In court on Wednesday Wednes- Wednes da day though If IC Justice Fitzgerald reaches a n conclusion before that time lime he ma may noli notify C counsel Cannot Ho Ile Serve Ser l. l That Thai Thomas of oC Thaws Thaw's pailon party part on the night he shot hot Stanford Stanfor While am ama and anda a a. witness for the d defense could nol not b be c served ell with a summons In another state stat while under fl a. a a- a aul ul poena l issued b by the district attorney was v the substance o oa ofa or of ora a decision hauled down clown today h by Justice Newburger in the supreme court The summons was served h by a process server from Crom the office of oC alter Walter C Sampson a attorney tto rn C for tor HenrI Tope In a ajust ault just brought b by him against McCaleb the Iho nature of which Is not set Met forth orth McCaleb Me Mc- Caleb through tho tle of or an and applied to have this evl evidence sol set aside on the ground that thai It was vole void void nn and Invalid henry In lu an aOl aOl- davit says SaN that thai t. t l bs b's residence 1 and has hal t hl-t luen bren n California for or ten years a. a tend rind that thai he only came carne hoe here In response to a II subpoena to lo lest testify C In the case cas February I I. I lie He Ile lest 1 February G 6 and was ast 1110 served OT with a subpoena I b by Attorney y Jerome to in keep keen him li lithe In inthe liS the jurisdiction of the dourt our He lie waso wa wab so o kept until I February 21 21 J when he rt re- re p permission from Cram Mr Ir Jerome o oKO ogo KO go o home to lo California which he did within with with- in six Ix hours after he wa was Informed h ho could leave lea N. N Now New w York Yoel Meanwhile on 01 February H 11 which was St. St Stal al cia lay day he hail he-hail hall been be 5 served II by the criminal crimi crimi- I nal teal court with hit Iho summons In Topes' Topes action In ht his notice of appearance says sas his firm only represents for the pin purpose pose of moving to have ha th the summons set ct aside on the ground that tha was exempt from service tr while at In at the Thaw trial Justice New burger upholds uphold this contention i I t Y I |