CHAPTER XVIII.

Lunacy Commission is Appointed.

EVELYN THAW CARRIES TRYING INFORMATION TO HER HUSBAND--ACCUSED

ISSUES STATEMENT--PERSONNEL OF THE COMMISSION--JEROME

BALKS--REMARKABLE INQUIRY IS RUSHED--THAW SUBMITS TO

EXAMINATION--HOW THE YOUNG DEFENDANT PASSED EASTER.

To the surprise of every one connected with the case, Justice Fitzgerald

on March 26, suddenly called District Attorney Jerome and the lawyers

for the defense into a conference and announced his decision to appoint

a commission to pass upon the sanity or insanity of Harry Thaw.

Upon the verdict of the three disinterested men whom he selected was to

depend whether Thaw would ever face the jury again, or go directly to

the Matteawan asylum.

The decision was embodied in a written memorandum, prepared for the

minutes of the court. The court based his decision on the conflict of

affidavits as presented by the opposing sides, saying they were too

diametrically at odds to permit of a decision other than in favor of an

impartial inquiry. After citing the suggestion made in court by District

Attorney Jerome and the various affidavits presented on both sides,

Justice Fitzgerald’s memorandum reads:

“I do, therefore, in pursuance of the statute in such cases made and

provided, hereby appoint Morgan J. O’Brien, Peter B. Olney and Leopold

Putzel, M. D., three disinterested persons, a commission forthwith to

examine into the mental condition of said Harry K. Thaw, and to report

to the court with all convenient speed the facts and their opinion as to

whether at the time of such examination the said Harry K. Thaw was in

such a state of idiocy, imbecility, lunacy, or insanity so as to be

incapable of rightly understanding his own condition, the nature of the

charges against him, and of conducting his defense in a rational

manner.”

The task of announcing the decision of the court to Thaw was allotted to

his wife, who tearfully accepted it. Messrs. Hartridge and O’Reilly went

with Mrs. Evelyn Thaw to the Tombs and there in the hospital ward they

met the prisoner. This ward had been placed at their disposal because of

the crowd in the usual consultation room. Thaw was cheerful.

“It is all right, dearie,” he said to his wife, “I am not afraid of a

commission. I am a sane man now; just as sane as the judge himself, and

I am sure that any fair-minded commission will so declare me.”

The attorneys quickly withdrew from the conference and Thaw and his wife

sat for a long time together discussing what the commission probably

would do. When Mr. Hartridge came out he declared:

“The fortitude of the boy [meaning Thaw] astonishes me sometimes, and it

certainly did today.”

Later in the afternoon Thaw sent out a statement, in which he said:

“Everything is perfectly satisfactory to me. I am sure I will be able to

satisfy the commission that I am sane at the present time. Anything

Justice Fitzgerald does is all right. He has always acted in a fair and

impartial manner.”

The brothers of the defendant did not go to the Tombs, but hurried

uptown with the news of the commission to their mother and sisters, who

were waiting in their apartments. Thaw had divined the result of the

conference with Justice Fitzgerald and was not in the least surprised.

The personnel of the commission lent a new distinction to the already

notable case.

Morgan J. O’Brien, a former justice of the Appellate division of the

Supreme Court, was 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 as a Democrat, Justice

O’Brien was unopposed. President Roosevelt made a trip from Washington

to Oyster Bay to cast his ballot for him.

Peter B. Olney, formerly district attorney of New York county, was a

member with William C. Whitney of the commission appointed in 1879 to

revise the laws of the state affecting public interests in New York

city. He was a graduate of Harvard.

Dr. Leopold Putzel, the third member of the commission, was a graduate

of Bellevue Hospital Medical School and had a long experience in that

institution. He qualified before the State Medical Board as examiner in

lunacy.

A surprise was ahead, however, for former Justice O’Brien declined to

serve as a member of the board, after he had been sworn in. He gave

ill-health as a reason. Attorney David McClure, a well-known reform

worker in New York, was appointed to fill the vacancy.

When the commission was finally in court together Harry Thaw was brought

in and found all the members of his family awaiting him. He looked

exceedingly well, and smiled a greeting to his wife, mother, sisters and

brothers.

The commission began its hearings at once. At the end of the session,

which was held behind closed doors, Attorney Peabody for Thaw announced:

“We are perfectly satisfied.”

Hardly had the commission seated themselves when Thaw appeared. He was

directed to a chair within the inner counsel rail and sat directly

beneath the eyes of the men whose decision as to his mental capacity

was of such vital import to him.

Thaw appeared to be in excellent spirits and sat unflinchingly under the

steady gaze they turned upon him. In the big courtroom there were only

the newspaper reporters and three of the prisoner’s family--his wife,

Evelyn Nesbit Thaw, who has never missed an opportunity to be near him

since he was placed on trial; and his two brothers, Edward and Josiah

Thaw. Mrs. Thaw sat between the brothers.

After the session had formally been opened by the reading of the court’s

order, Clifford W. Hartridge, acting as counsel of record for Thaw,

arose and stated to the commission that his client was ready at any time

to submit to such examination as the commission desired. His only

request was that the hearing should be private.

“Being a prisoner on trial for his life,” said Mr. Hartridge, “he feels

he should be protected as far as possible in this matter.”

Chairman McClure then announced that whatever examination of Thaw the

commission might decide upon would be held behind closed doors.

District Attorney Jerome protested. He remarked that if the

commissioners resolved themselves into a body of medical examiners and

undertook a physical examination of the defendant in private, he would

not attend such an examination.

“But the law requires you to attend the session of the commission,”

suggested Chairman McClure.

“I shall attend all sessions of the commission sitting as judges in

lunacy,” replied Mr. Jerome, “but I am not required to attend a board of

medical examiners.”

Chairman McClure then said the inquiry the commission had in mind was a

simple one--to determine whether at this time the defendant is capable

of understanding the proceedings against him and of rationally advising

his counsel. The commission desires to limit the scope of inquiry as far

as possible. The court, he said, wished the inquiry to be brief in order

that the pending trial might be disposed of at the earliest possible

moment. The commission had decided not to take into consideration the

conflicting affidavits submitted to Justice Fitzgerald by Thaw’s counsel

and the opposing alienists, as they were considered as having been

prepared solely for the information of the court.

The first two days of the hearing were taken up with a mental and

physical examination of Thaw. He was asked scores of questions, but the

nature of these never was made public.

While the investigation was in progress Easter came, and on that Sunday

afternoon Thaw had a two hours’ conference with his wife in the Tombs

prison. The visit by Evelyn Nesbit Thaw was unusual. Never before had

she called on her husband on Sunday. To do so it was necessary for her

to obtain from Commissioner of Corrections John V. Coggey a special

permit. Mr. Coggey granted it when Mrs. Thaw explained that she had been

unable to see much of her husband during the week and that she wanted to

be with him some time on Easter Sunday. Commissioner Coggey went to the

Tombs himself and remained there during the time that Mrs. Thaw was

there.

Before leaving the Tombs Mrs. Thaw said there was no significance

attached to her visit. She said she merely wanted to visit her husband

on Easter.

“Harry is cheerful and feels confident the commission will decide in his

favor,” she said.

Mrs. Thaw looked exceptionally pretty. She was dressed in a plain brown

tailor-made suit. She wore a flat, round hat of black straw, such as

women wear in riding costume. Her veil was white and heavy. She looked

just a little pale, and her expression was sad, but she said she felt

quite well. The trip to and from the Tombs was made in the electric

hansom that Mrs. William Thaw, mother of the prisoner, uses in going to

and from the courthouse.

Thaw deviated from his usual custom and attended special Protestant

Easter services conducted in the Tombs chapel by the Rev. Mr. Sanderson.

A special choir and orchestra was engaged for the service. Thaw seemed

to enjoy the music and the remarks of the minister.

The Great Harry Thaw Case; Or, A Woman's Sacrifice · 第 18 / 26 章