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"After
careful examination of the defendant personally and of all the evidence
we find
the following facts: "In the
frequent and in some cases daily—during the several months last
past—intercourse
had by the defendant with the Tombs physicians, chaplains, keepers,
other
attendants, and the probation officer these persons failed
to discover anything irrational in his conduct or speech. "The
defendant has taken an active part in the conduct of the trial, has
made
numerous suggestions orally in court and by letter as to the selection
of
jurors and the examination of witnesses. Many of these suggestions were
deemed
valuable and were adopted by his counsel, and examination of the
letters
referred to shows that generally the suggestions contained in them were
material, sensible, and apparently the product of a sane mind. "While
the testimony of numerous experts called by the district attorney and
the
defendant's counsel is irreconcilable that given by certain experts who
personally examined the defendant during- the trial and since the
appointment
of the commission, and who of all the alienists examined had greatest
opportunity of observing, disclosed the fact that no indication of
insanity at
the present could be found in the speech, conduct, or physical
condition of the
defendant. "The
direct oral and physical examination of the defendant by the
commissioners
themselves disclosed no insanity in the defendant at the present time. Upon all of
the facts it is our opinion that at the time of our examination the
said Harry
K. Thaw was and is sane and 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, the nature of the charges against him, and of
conducting his
defense in a rational manner.
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