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"6000 TIDINGS."

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"6000 TIDINGS." HARRY THAW SANE Commission's Decision., MR. JEROME MAY APPEAL The anticipation that the Commission of Lunacy would give its verdict on Thursday attracted a large crowd to the Criminal Courts building at New York on Thursday morning. The commission was in session up to two o'clock in the morning, and it is etafod that the members are divided on the question of Thaw's sanity. The two lay members of the commission are, it is stated, not in agreement with the opinion expressed by the medical member, Dr. Putzel, who arrived early on Thursday and went imme-, diately to Mr. Justice Fitzgerald's chambers. All Thaw's relatives were early in their places. Mr. Justice Fitzgerald had a long confer- ence with the commission as eoon as it was fully constituted, a.nd the consultation was still in progress long after the hour at which the jury had been ordered to report themselves. The commission not being ready with its report, the jury were excused till two o'clock. It was understood that Mr. Justice Fitz- gerald was anxious that the commission should be unanimous in their report, and for this reason decided to give them more time to arrive at a decision. Decision of the Commission I On Mr. Justice Fitzgerald taking his scat on the bench, he announced that he had secured the report of the lunacy commis- sion, and handed a. copy of it to Mr. Jerome, the Public Prosecutor. Mr. Jerome, before reading the report, rose and declared that if it were adverse to him he desired to be heard before it was con- firmed. While Mr. Jerome was speaking one of the counsel for the defence whispered to the reporters that the finding of the commission was favourable to the prisoner, and unanimous. The good tidings," as the defence con- sidered it, was similarly conveyed to Mrs. Harry Thaw, Mrs. William Thaw (the prisoner's mother), and other members of the family group present, and the messenger was hurriedly despatched to convey it to Thaw himself in the prisoner's pen. Mr. Jeromes Desire I The District Attorney said: I desire to examine all the minutes of the commission, especially those of the eecret session. The law specifically says that the commission must be attended by the District Attorruey. I was not allowed to attend the session at which Thaw was finally examined, aaid regardless of the hardship it may work upon the oourt I must demand to see the minutes and have time to read them. Mr. Justice Fitzgerald (interrupting): But did not you yourself cugge-st that the com- mission's final examination of defendant should be made in private? Mr Jerome: I did suggest it, but I fully understood that I wae to be allowed to examine the minutes. Mr. Hartridge, for the defence, opposed the motion, and the oourt ruled that at the present stage of the oase counsel on neither side could be allowed to have aooess to the m'nutes of the commission. Mr. Jerome thereupon demanded a reason- able time to consider whether the law would justify him in applying to the Appellate Divis,ion for a writ forbidding the continu- ance of the trial until the higher court had ruled upon this matter. Mr. Justice Fitzgerald, after hearing both sides, declined to give Mr. Jerome more time than till Monday morning, to which date the trial was accordingly adjourned. The jury were called in and formally discharged till jnday. Thaw was also brought in for this formality, and received the congratulations of hiB counsel and family. Mr. Jerome declined to make any state- ment as to what course he intended to pursue. It is presumed, however, that he will make an application on the point at issue to a justice of the Appellate Division in the course of to-day (Friday) or to-morrow (Saturday). I I ne Uommigsion's fieport I The lunacy commission's report finds that the physicians, chaplains, keepers, and others employed in the Tombs Prison failed to discover anything irrational in Thaw's conduct or speech during the nine months that he has been incarcerated there. It points out that the defendant has taken an active part in the conduct of the trial, and has made numerous suggestions, orally and 4 bv letter, many of which have been deemed valuable and adopted by his counsel. The examination of the latter showed that as a. general rule these suggestions were material and sensible, and, apparently, the product of a sane mind. The report goes on to say that while the expert evidence was conflicting, those specialists who had been examined recently had disclosed the fact that no indication of insanity could be found in the prisoner's present condition. The direct oral and physical examination of the prisoner by the commissioners had revealed no signs of insanity; hence the commissioners conclude that at the time of their examination Thaw was and is sane, that he was not and is not in a state of idiocy, imbecility, lunacy, or insanity so as to be incapable of rightly understanding his own condition or the nature of the charges brought against him, and of conducting his defence in a rational manner. Mr. Jerome intimated that he had not yet reached a decision as to whether or not he should interrupt tihe trial, but the matter was of the greatest importance as form'ng a precedent. While he would greatly deplore further delay, it was of the highest importance that procedure in such cases should be clearly established.—Press Association Foreign Special. Mr. Jerome to Appeal I it is antnontativeiy stated in New York that Mr. Jerome will appeal from Judge Fitz- gerald's decision refusing him permission to see the minutes of the secret session of the Thaw Lunacy Commission.

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