The Birmingham age-herald., 1913-09-17
Judge Decides He Can Hold
Habeas Corpus Writ in
Allegiance if He
Wishes
JEROME REBUKED
FOR HIS USEOF THE
WORD, LOQUACIOUS
Thaw's Opponent Does Not Press
Issue of Bad Faith Despite His
Previous Utterance-Fugitive
Is Openly Cheered by
Large Crowd

Lfttleton, N. H, September 16.-Counsel
for Harry Kendall Thaw laid today the
foundation Tor plans to carry his case to
the supreme court of the United States
" such step is found necessary.
when the governor of New Hampshire
passes on the matter of the extradition
of Thaw to New York. at, the hearing to
- held at Concord on Tuesday next, the
findings. If adverse to Thaw. will be re-
viewed by the United States district court,
and, should a decision against him then
be rendered, successive appeals Will be
taken until the case reaches the highest
court in the land.
This was the announcement made by
the Thaw lawyers tonight. after the most
notable court victory for the fugitive,
either in Canada or in the United States,
since his escape from the Matteawan
asylum for the criminal insane 1t was
made after a hearing on federal writ
of habeas corpus obtained in Thaws be-
half and invoking the fourteenth amend
ment to the constitution had been indefi-
Sci saw fit to begin arguments after the
extradition matter had been decided by
the governor.
Aldrich's Decision
Edgar Aldrioh. United States Judge for
she district of New Hampshire, in decid-
ing that Thaw had the right, in effect,
to hold his habeas corpus writ in abey-
ance, explained in his, rescript that this
was the petitioners privilege in that
should he be ordered extraaited cit would
still be open to federal authority to ar
ford such protection as the constitution
and the laws of the United States re-
Quire."
Thaw's jubilant counsel. headed by
Moses Grossman and L. J. yorhaus, de-
parted for New York, leaving their client
In the joint custody of the United states
marshal and Sheriff Drew of Coos coun-
~, not to return until the hearing be-
fore the governor is called. The head
of the New York state forces, william
Travers jerome, and Deputy Attorney
General Kennedy and Sheriff Hornbeck of
Duchess county also left tonight, They
will come back for the hearing Tuesday.
Thaw, according to the understanding
reached, will be taken to Concord In the
morning. He was quartered in Thayer's
hotel tonight. feeling fine and predicting
that the gates of Matteawan would never
close behind him again.
Mr.. Jerome had little or nothing to
say. .'Thaw is tied up now with a fed
eral writ he said. and there is no
getting around 1t. But the questions to
be decided by the governor are simple
and we hope for victory
Involves Novel Proposition
ut is probably open to counsel for the
petitioner" said the court, ''to raise ques-
tions whether this New York process un-
der which Thaw was held as an insane
person should become a part of the pro-
ceedings at issue whether the process
under which he is held here is due pro-
cess. The novelty of the situation, sas
everybody must see, results from the fact
that he was held in an institution in New
York as an insane person and the of
Tense or crime upon which tits sought to
have him extradited consists. according
TO their own account of it, of his escape
from that institution. Now, whether the
state of New York, holding a person as
m insane persons, Is ii a position to set
up his escape as a crime within the
meaning of the federal constitution and of
the state authorities, is question If
you have found anything in the books
Mr. Jerome, .on that question you have
done better than l have. 1t seems to
me that 1t involves a novel proposition =
Jerome: Il understand it to be the
rule as laid down in Czolgosz case and the
Guteau case, that II a person knew the
nature and quality of the act and that
Y