The Montgomery advertiser., 1908-12-02
HARRY FLAWS CASE
QUESTION OF TAKING HIM TO
 PITTSBURG IS UP.
Question is Rafnea Whether Bank ruptcy Proceedinws Were Brought to Have Federal Court Pass
 On His Sanity.

Philadelphia, Dec. @1.-"Is it the pur- pose of these bankruptcy proceedings to- raise the question of Thaw's insan- ity in the United States court?" asked Judge Burlington, who. with Judges Dallas and Gray, is hearing argument in the matter of the appeal to bring Harry Thaw from Matteawan Asylum to Pittsburg to testify in bankruptcy proceedings.
 Former Governor Stone of Pittsburg, at whom the question was directed, replied that he was in court in the in terest of writ of habeas corpus to bring Thaw to Pittsburg, where his assistance 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 tn c first days proceedings in the Thaw case in the United States Circuit Court of Appeals, which will review the de- cision of Judge Young of the United States Court, for the Western District of Pennsylvania. who dismissed a writ of habeas curpus issued by Judge Archibald of the United States Court for the Middle District of Pennsylva- mia. Asa Bird Gardiner, counsel for the State of New York, nodded ap- provingly as Judge Burlington put the question, as this point Is one of the principal ones made by MT. Gardiner fin his contention that Thaw should not be taken out of the Jurisdiction of New York.
 The case was called late this after noon and MT. Stone had hardly begun his argument when court adjourned un- til tomorrow. MT. Stone contended that Judge Young had erred in dis missing the writ which had been issued by court of equal rank. while Judge Young was in Europe. The fact that Judge Archibald issued the writ showed the necessity of Thaw's presence in Pittsburg to be examined by creditors, said counsel, while Judge Youngs dis missal of the writ would indicate that his presence was not necessary. Tn at, said Mir. Stone, was the question to be decided.
 Judge Burlington wanted to know what Thaw could testify to If he at- tended meeting of creditors in Pitts burg, and Mir. Stone replied there was a multitude of questions he could an- swer. He said he could tell of con- tracts he had made with his brothers and sisters growing out of their fla ther's will; of agreements made with alienists and many other matters
 For instance" added Mir. Stone, "a lawyer named Gleason has-been given $S0,000 by Thaw and wants S60,000 more, and all he did was to hold down a chair at one of Thaw's trials"
 Judge Burlington also wanted to know if 1t was the purpose to return Thaw to New York after he has testified in bankruptcy proceedings, and counsel replied that it was.
 Judge Dallas wanted to know if Thaw could give all the information he de- sired in a deposition, as suggested by Judge Young in his opinion dismiss ing the writ. Mir Stone said this would not do, as Roger O'Mara of Pittsburg, trustee of Thaw.s estate in bankruptcy, whom MT. Stone repre- sents, wanted Thaw in Pittsburg for many reasons.
 Mir. Stone will conclude. his argument tomorrow and will be followed by MT. Gardiner.