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.