The Richmond Virginian. (Richmond, Va.) 1910-1920, 1913-10-02
CONSTITUTIONAL,
ASPECTS OF THE THAW CASE

being that an act done by n lunatic
or insane person is not crime there
fore there is no obligation on the
part of the governor Of New Hamp-
shire to surrender Thaw for an act
which is held not to be n crime by
the statutes OF the demanding State
The simple inquiry therefore 10 be
made by the governor ia whether
Thaw. whose surrender is demanded
Is in fact fugitive from justice.
What Constitutes IA Fugitive From
Justice.
1t has been held in the case of APP
pleyard VS.. Massac husetts 203 L. S,
222, and numerous ether cases. that
"A person charged by indictment or
by affidavit before a magistrate; with
the commission within a State OF a
crime covered by its laws. and who
after the date of its commission of
such crime leaves the State, no mat
| ter for what purpose, or with what
motive nor under what belief. be-
comes from the time of such leaving
and within the meaning of the con-
stitutiop and the laws OF the United
States a fugitive from justice, and. If
found in another State, must be de-
livered up by the governor OF such
State to the State whose laws are al
legged to have been violated, on the
production of such indictment or at
fidavit, certified as authentic by the
governor of the State from which the
accused departed"
Bailey on habeas corpus says on
this subject that "a fugitive from
justice is one who. having within a
State committed that which by It's
/ laws constitutes a crime, leaves it's
jurisdiction when 1t is sought to sub
4a1 vt +r Wi al
swer for his offense and is found in
the Jurisdiction of another State or
| country. ."
| Thaw not being charged with an act
which Is a crime in the State of New
/ York, should not be extradicted
! The New York authorities, as /
! understand, have not produced an
1 Indictment, but have only produced en-
affidavit in which Thaw is charged
with having committed the act OF
/ bribing one of the gatekeepers of the
Mattewan Insane Asylum to permit
| his escape therefrom Thaw hav-
( Ing been sent to this asylum and was
being kept therein at the time OF his
escape, on the ground that he was
insane, under sec. 1920 OF the pen
al laws of New York, above quoted
this alleged act of his in bribing the
gatekeeper cannot and does not con-
stitute a crime. Any act done by
Thaw not being crime under the
laws of New York, it becomes the
plain duty of the governor of New
Hampshire to hold that he is not q
| fugitive from justice as defined BY
the constitution of the United States
and the laws made in pursuance
hereof and therefore refuse to de-
liver him up to be removed to New
York for the trial of an act which
the laws of that State distinctly say
is not a crime.
1t is the duty of the governor OF
New Hampshire to determine wheth
err the act charged constituted crime
In New York where committed.
The rule is that the governor mus
determine from the evidence whether
the party under arrest is charged witt
the commission of crime, and the
question then arises, how is he to be
4 informed whether such acts are made
a crime by law 1t has been OTTER
held that the printed statutes of an
other State shall be admitted as pre-
sumptive evidence of such laws. ant
thas being the case, the governor
only has to turn to sec. 1920 of tbs
penal laws of New York State to see
and be convinced that the alleged ac
of Thaws bribing the gatekeeper a.
I Matteawan Insane asylum, in which
| institution he was then an inmate
/ is not crime under the laws OF tina
State, and refuse to deliver the, ac'
cused up TO the New York authori;
| ties,