Pine Bluff daily graphic. (Pine Bluff, Ark.) 1893-1942, 1913-11-09
HARRY THAW GOES
BACK TO MATTEAWAN
Gov. Felketr HOnOrS Re
QUESTION of Governor of
New York For Return
TO FEDERAL COURT
EXtraditiOn Granted on Strength OF
the Indictment Returned In
New York.
TO FEDERAL COURT

Concord \. H., Nov. S.-Governor
Felker today honored the requisition
of the State of New York for the eX-
tradition of Harry X. Thaw. The case
is now transferred automatically to
the Federal courts where a writ of
habeas corpus on behalf of Thaw is
pending.
The governor based his decision on
the indictment returned against Thaw.
in New York which charged him with
conspiracy to escape from the insane
asylum at Matteawan, n. Y. to which
he was committed after his second
trial. Thaw made his sensational
flight on August II and few days
later was arrested near Coaticook,
Canada.
His Counsel Files Amendment
they would Immediately file an
amendment to their petition for writ
of habeas corpus application for
which was made soon after Thaw was
The original petitiNh was based on the
allegation that Thaw was indicted for
conspiracy by the Duchess County
Grand Jury and it was suspended
pending the governors decision upon
the matter of extradition. Because the
| extradition has now been granted on
the strength Of the New York County
| indictment it will be necessary to
amend the petition accordingly: Thaw
was not present when Governor Felix
err announced his decision. He will
remain here in the custody of United
States Marshal Mute and Sheriff Drew
pending the Federal proceedings.
Governor Felkers Statement
In granting the extradtion Cover
nor Feilker, said in part:
by the petition of Governor Glynn
and the accompanying papers it APP
pears that the grand inquest of the
F! County of New York has duly return
ed into open court an indictment
| against Mr.. Thaw. That is sufficient
to warrant the arrest, arraignment
and trial of the respondent il he may
be found within the state wherein the
indictment is pending. 1t is further
! more sufficient to establish that Mr..
Thaw is if found in any state or coun-
ty while such indictment is pending.
a fugitive from justice.
THE provisions Of the Federal
Constitution and the acts of Congress-
enacted to give force and effect there.
to as construed by the court Of last
resort upon such matters limit me to
the consideration Of the question ~
whether the person demanded has
been substantially charged with a
crime and (2) whether he fugi-
tive from justice. Such was the de-
cision of the Supreme Court of the
United States is the most recent case,
wherein a sister state demanded Of
New Hampshire the interstate rendi-
ton of a person within her border
/ (Muncy VS.. Clough 1856 U. S., 372 de-
cided In 1909. In that case it was
decided by a unanimous court that
the proceedings in matters of that
j kind before the governor are sum-
mary in their nature. The person de-
manded has no constitutional right to
be heard before the governor on either
question and the statute provides for
uone To hold otherwise would In
many cases render the constitutional
provision as well as the statute pass
ed to carry it out whiliy useless.
u have, nevertheless owing to the
urgency of the demands Of his counsel
men in whose integrity have con-
fidency and for whose opinions l en-
terrain deep respect-1iven Mr.. Thaw
the fullest possible opportunity for
the expression of their views. With
profound respect therefore am un-
annie to view my duty in the premoses
is including an investigation of Mr..
Thaw's mental condition or of the
counsel for the State of New York or,
Of the probable guilt or innocence Of
the. accused.
KS Would he IncOns istent. re
s'To do so would hardly be consist
emit with the mandatory provision Of
teh constitution that : person charged