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.