Show THA M dd ANE VY a W 0 M aim va ifft mim f H I 1 0 AP r AL to A ill 10 ism MIN R ud U 11 URT serves notice on judge fitzgerald that he will ask for a writ of T fv prohibition commissioners found nothing irrational in w thaw and so re arted arted to the court 0 0 0 VERDICT OF commission Q 0 0 0 new now york april 4 C harry 0 0 thaw has been declared sane 0 0 by the lunacy commission com 0 0 the finding of the thaw 0 0 lunacy commission commiss loa was couch 0 0 ed in the language of the order 0 0 by justice fitzgerald ordering 0 0 the inquiry the commission 0 0 era ers declared it to be their unan 0 0 emous belief that the defend 0 0 an ant harry K thaw Is capable 0 0 of rightly understanding his 0 0 own position of appreciating 0 0 the nature of the charges 0 0 against him and of rationally 0 0 conferring with his counsel at 0 0 the time of this examination 0 0 the entire report of the corn com 0 0 mission covers three typewrite 0 0 ten pages and will not be made 0 0 public 0 0 mr jerome said if it the court 0 0 ruled against his application 0 0 for access to the minutes ot 01 0 0 the thaw commission in lun 0 0 acy he would ask time to tode de 0 0 clde cide whether he be would apply 0 0 to the appellate division for a 0 0 writ of prohibition to prevent 0 0 the trial proceeding 0 0 justice fitzgerald denied je 0 0 rome access to the minutes and 0 0 adjourned adlour ned until monday dealin 0 0 ang to grant more time for je jq 0 0 rome romo to apply to the appellate 0 0 division tor a writ of prohibit 0 0 tion 0 0 0 new now york april A 4 when justice fitzgerald called the thaw jury into court at 1130 today the commission in lunacy appointed to inquire into the present condition of the defendant fen dant had not been able to agree on a verdict this the jury wag was excused until 2 p ra in by which time justice fitzgerald said he be hoped ho he would ha have ve something definite before him the commission sat bat until after 2 this morning trying to agree upon a report but failed it wont went into ses again in justice fitzgeralds chambers at 1030 a m today it la Is reported that there was a serious division of sentiment among the three members of the tle commission the two laomen being arraigned against the medical member mon ybor justice fitzgerald gerald Is very anxious to have a unanimous report from the commission one way or the other andi it waa was tor this reason that be decided to give them more time timo in anticipation of a verdict b by 7 the commis a large crowd gathered at the criminal courts couras building today dr leopold was the first member of the commission to reach the court house abuse he would not the case cue in any way commissioner peter 0 iney arrived arrive I 1 a few minutes after dr antzel an and justice fitzgerald reached his chambers bers at 10 a m he began at ones onca to consult with the two commission ch da vid mcclure did not reach the court bobae until 1025 1625 all ali the members of the thaw famil family y were early lu in the court room when harry thaw was told in the tombs this morning that it was reported he bad pad broken tor for two or three minutes before the commission commis Blon yesterday afternoon when he be was questioned i on the subject of his delusions he exclaimed nonsense rot justice fitzgerald kitz gerald had a long conference with the thle full commission atter the arrival of chairman maclure Mc Me Clure the conference continued until long after 1030 the hour set for the jury to report I 1 thaw came into court at 1130 a in the jury and the defendant were brought before judge fitzgerald thaw ahr v seemed nervous and excited and these feelings extended more or leas less to every overy person in the crowded room the members ot of the thaw family group moved nervously and seemed to apprehend a thattie th that atthe the crisis of the trial was at at hand 7 it was quickly qui c kil noticed however that the commission did not make its appearance and mid this gave rise to the suspicion that a dp decision elsion as to thaws present mental condition had not been reached the suspense wa soon dispelled by justice fitzgerald turning to the jury and saying gentlemen of the jury I 1 am going to discharge you until 2 p ro be careful not to dis cusi the case with any one alq and dont let any one talk to t 0 you with reference to what Is to taking 1 place the court crier thereupon ordered a recess until 2 and the court room was cleared I 1 following the adjournment of court justice fitzgerald again went into conference with the three lunacy commissioners ners in leaa less than fifteen mir utes dr left the cli chamber amber aadne alo ne he lie walked out of the criminal courts building briskly and with an air of finality his action in with drawing from the conference gave rise to the report that he had submitted a minority report and was unwilling to change his viewed blew in any way dr declined the mal mat ter it talat his tepo repol declared that while thaw was apparently parenty ly able to consult with hla counsel in a fairly rational manner this did not indicate that he be was mentally sound in lix every other way the majority report it Is said declares that thaw baw Is sane it was said in the district attorneys office today that justice fitzgerald has the right to accept either the majority or mn arity report as his conscience dictates there Is a precedent it ws added for the acceptance of a minority report from a commission in lunacy it was said justice fitzgerald bad ordered the recess until 2 p in mr t consulting authorities as to which report if either he would accept olney and mcclure remained with justice fitzgerald for more than an hour and ahall after dr withdrew withdraw aa As they left the building they were discovered by the newspaper men but declined to have anything to say as to their verdict they bade justice fitzgerald goodbye how over and it was understood their connection with the case ense was ended the proceedings were yero delayed a few minutes by the report of the april gm nIvy jut tu ou supreme co court 11 rt bench to hear the grand jurors who handed lo 10 several indictments ho he then made way for justice fitzgerald justice fitzgerald as soon aa as ho he had taken the bench said he had succeeded in ng a report from the commission in lunacy he had had two copies made and while ho he would not make the report public he delivered the copies to district attorney jerome and counsel for the defense mr jerome arose to address the court before reading the report it was from the defendants counsel table that the news of the commissions finding emanated delther thaw nor the jury waa was in court when the report was handed down district attorney jerome said it if the report was adverse to his contention ho he desired to be heard beard bo fore it was confirmed the news of a favorable decision which was declared to her ber unanimous was quickly spread and mrs evelyn thaw and mrs william thaw and other members of the family soon had the be good news A messenger wag was i sent to the prisoners pen to take tho the glad tidings to thaw the prisoners family and the counsel sel were delighted with the news the commissions findings and declared they did not think mr jerome jorome could bring sufficient argument to bear prevent its confirmation by fitzgerald the district attorney in justice justice Eltz fitzgerald gerald before reading verdict said while I 1 do not know what the do cislon of the commission may be to wo want nt to state to your honor my personal opinion in this matter I 1 stated and still adhere to the state statement meEt that his defendant is insane but it the commissions decision la to fatal to the suggestion I 1 made upon the record I 1 will havo have to proceed with the trial and press for a conviction with all the power at my command before I 1 am confronted with that condition however I 1 desire that your honor will wilf hear me aa as to the confirmation of this report 1 I have read the testimony adduced before tho jhb commission very thoroughly I 1 V said justice fitzgerald and that accounts largely tor for the delay this morning mr jerome reviewed at length the sessions held by the commission in lunacy he was inclined to criticism criticise critic ise tso the commission tor for excluding him from the final examinations examination yesterday afternoon before I 1 can argju the point of law I 1 have in mind said the district attorney 1 I desire that ibe allowed access to all the minutes of the commission the law says the commission must be attended by the district attorney attorneys I 1 was not al 3 lowed to attend the session wherein thaw was finally examined that session continued tor for more than two houra hours Regard regardless lesi of the bards hardship hp it may have worked upon the court I 1 must demand to see the commiss commissions Jons I 1 minutes and have them to read before proceeding with my argument I 1 am as anxious as any one to get got through with the tile case but this delay Is necessary I 1 promised the commission that I 1 would not attempt to use any evide evidence nep adduced before it at the trial of this defendant it it should be bo resumed and of course I 1 shall adhere atherh to that co course uree I 1 have a right to bo be heard beard as to the confirmation of this report I 1 claim that there la Is precedent for the court to refuse to confirm a report from a commission the stat utes uter make it mandatory that the district at attorney torny shall attend commil 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 c 0 0 commissions REPORT 0 0 0 0 new york april 4 the con 0 0 eluding paragraphs of the km lun 0 0 acy commission report in full 0 10 0 are as follows a 0 0 after careful examination 0 0 ot of the defendant personally perso pally 00 and all the evidence we find 0 0 the following facts a 0 i 0 in the frequent and in some 0 0 cases during the several 0 0 months past intercourse had 0 0 by the defendant with the 0 0 tombs physicians chaplains 0 0 keeper other attendants and 0 0 the probation officer these 0 0 persona persons failed to discover any 0 0 thing irrational in his conduct 0 0 or speech 0 0 tf the defendant has taken 0 0 an active part in the conduct 0 0 of the trial hag has made num 0 0 erous suggestions orally in 0 0 court and by letter as to the 0 0 selection of jurors and the ex 0 0 of witnesses many 0 0 of these suggestions were 0 0 deemed valuable and were 0 0 adopted by his counsel and ex 0 0 aroln atlon of the letters refer 0 0 red to show that generally the 0 0 suggestions contained were ma 0 0 terdal aerial sensible and apparent 0 0 ly the product of a pane man 0 0 while the testimony lmont of num 0 0 0 erous experts call edby the 0 0 district attorney and the de a 0 0 fondants fen fond danta ants counsel is 0 0 able that given by certain ex 0 0 who personally examined 0 0 the defendant during the trial 0 0 and since the appointment of 0 0 the commission and who of all 0 0 the alienists examined had 0 0 greatest opportunity of observe 0 0 ing disclosed the fact that no 0 0 indication of insanity at the 0 0 present time could be found in 0 0 the speech conduct or phyll ghyst 0 0 cal condition of the defendant 0 0 the direct oral and physical 0 0 examination of the defendant 0 0 by the commissioners them 0 0 selves disclosed no insanity in 0 0 the defendant at the them present 0 0 time unon upon all of the facts it 0 0 la our opinion that at the time 0 0 of our examination the said 0 0 harry rf it thaw ia Is sane and 0 0 not in a state of idiocy imbe 0 0 cikity lunacy or insanity so 0 0 as to be incapable of rightly righta 0 0 understanding his own condl condi 0 0 tion the nature of tile the charges 0 0 against him and of conduct 0 0 ing his defense in a rational 0 0 manner mannor 0 0 the of the pro 0 0 ce edings had before us and tho the 0 0 documents received in evidence 0 0 are herewith submitted 0 0 signed 0 0 DAVID mcclure a 0 0 PETER OLNEY Y 0 0 LEOPOLD 0 0 0 00 0 alons in lunacy appointed in cri criminal minal cases dut but did ld you not suggest that the commission conduct its final exam of the defendant in private interrupted justice fitzgerald 1 I did so suggest replied jerome that the commission examine the defendant with none present but the members of 0 the commission and the official stenographer I 1 fully understood I 1 was to be allowed to examine the minutes it was waft generally understood that evidence was to be taken at that session and that I 1 was to have knowledge of all that transpired mr hartridge taw chawa s counsel said ho he did not tafak it necessary that the district attorney should have access to the commissions minutes s at this stage of the trial the defendant throws himself upon 1 the mercy of the court said the attorney justice fitzge fitzgerald said that in the present stage of the case he did not deem deeni it to be his duty to allow either elthel side access to the minutes of the commission 11 1 I have a right in this matter shouted jerome 1 I have the right by the sta statute to attend every session ot of the commission I 1 am willing to waive the fact that I 1 was barred ir the defense will agree that I 1 shall aeo see the minutes if your honor persists in overruling my motion I 1 will have to ask as with all respect to the court that I 1 be allowed a reasonable time to consider the legal aspects of the case 10 see if they are auch such as would justify roe me in applying to tho the appellate division of the supreme court for a writ wrt of prohibition forbidding the continuance bance of tills trial until a higher court has bas ruled in this matter justice fitzgerald that the committee had directed that its minutest kept and he be felt ho he must comply with the request thon then 11 must ask for a reasonable adjournment in order that I 1 may prepare my application for relict relief to the appellate division I 1 will apply for p S writ of prohibition or of mandamus or for what other relief I 1 find necessary I 1 trust your honor understands I 1 do this with perfect respect to tho the court and that I 1 am willing to bow to its decisions |