Page:The Great Harry Thaw Case.djvu/219

 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: