The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1908-12-03
HABEAS CORPUS NOW BEFORE
CIRCUIT COURT OF APPEALS.
JUDGES POINTED QUESTION
In Which He Wants to X now II the
United States Court is to Be
Called Upon to Determine the
Sanity Of Harry Thaw.

Philadelphia. Dec. 2.--"Is It the
purpose of these bankruptcy proceed.
ings TO raise the question of Thaw's
sanity in the United States courts?
asked Judge Burlington, who with
Judges Dallas and Gray, is hearing
arguments In the lattor's appeal to
bring II. X. Thaw from Matteawsn
asylum to Pittsburg to testify in Il
bankruptcy petition proceeding.
Former Governor Stone. at whom
the question was directed. answered
that he was in court in the interest
of writ of habeas corpus tobrins
Thaw to pittsburg. whore his assist.
ance is needed to properly marshal
his estate, and that he did not know
what Thaw's creditors might do.
This question and answer proved
to be the most interesting incident
in the first days proceedings In
the Thaw case in the United States
circuit court of apps ais, which will
review the decision OF Judge Young
/ of the United States court for the
western district of Pennsylvania, who
dlsmissed a writ Of habeas corpus
/ issued by Judge Archibald of the
United States court for the middle
district of Pennsylvania.
Asa Bird Gardner, counsel for
+ the state of New York, nodded ap-
provngly as Judge Burlington pur
the question. as this point is one OF
the principal ones made by Mr.
Gardner in his contention that Thaw
should not be taken out of the ju-
. risdiction OF New York.
i The case was called late this after
noon and Mr. stone had hardly be-
gun his argument when court an
iourncd until tomorrow.
Mr. Stone contended that Judge
Young had erred in dismissing the
writ which had been issued by a
court Of equal rank while JudG,
Young was in Europe. The fact that
Judge Archibald issued the wri
showed the necessity of Thaw's pres
ence in Pittsburg TO be examined
by creditors. said counsel who said
also that II Judge Young should dis.
miss all OF the writ It would indi-
cate that his presence was not need.
cd Judge Burlington wanted 10 know
II Thaw could testify II he attended
a meeting of the creditors in Pitts.
burg. and Mr.. Stone replied there
was multitude OF questions he
could answer. He said he could toll
OF contracts he had made with Ais
brothers and sisters growing out of
his fathers will; OF agreements made
with alienists and many othe mat
ters
For instance" added Mr. Stone.
"a lawyer named Gleason has been
given 100000 by Thaw and wants
100000 more, and all he did was to
hold down a chair at one OF the
Thaw trials"
Judg Burlington also wanted TO
know II f. was the purpose 10 re-
turn Thaw 10 New York after he
has testified IN bankruptcy proceed.
ings and counsel replied that I,
was.
Judge Dallas wanted IN know ~
Thaw could not give all the infor.
nation he desires N n deposition
as suggs sted by Judge Young in his
opinion dismissing the writ Mr..
Stone said this would not do, as
Roger OMara Of Pit,sburg, truste,
OF Thaw's estate in bankruptcy,
whom Mr. Stone represents. wanted
Thaw in Pittsburg for many reasons.
Mr. Stone will conclude argument
tomorrow and will be followed by
Mr. Gardner