The Washington times., 1913-08-18
DECLARED THAW IS
FREE MAN FOREVER
Federal Officials and Others
Here Believe He Is Safe
Outside of New York.

II Harry X. Thew is outside and stays
outside Of New York State he is a free
man forever. This was the unanimous
opinion today of Federal officials,
prominent lawyers of Congress, and
Government alienists.
Thaw, they declared, cannot be re-
turned to New York II he has succeeded
| in leaving its boundaries. He is, in
effect, eXiled forever from the Empire
State, but cannot be molested in any
other State or foreign country except
at the initiation of such State or coun-
try.
Government authorities cannot and
will not aid New York in its chase Of
Thaw, Department OF Justice officials
declared today, except merely as a
friend act and entirely unofficially. TO
have Federal agents tip Off, the New
York authorities II they learn Thaw's
retreat
There are no extradItion treaties or
laws between the States or with for
eign countries by which the slayer OF
Stanford white can be returned to
New York. the Attorney Generals Of
flee declared. Therefore. New York au-
even the detention of Thaw, depart
ment heads asserted, unless officials of
some State voluntarily assume to
charge Thaw with insanity in such
State. This would provoke a trial simi-
lar to that of John Armstrong Chaloner,
OF Virginia, who was adjudged insane
in New York and sane in Virginia, in
which latter State he is now at free
dom.
Cannot Be Taken Abroad.
Immigration inspector O'Donnen, as
sistant to the commissioner general of
immigration. gave an opinion today
which clInched the fugitive's freedom.
''Thaw cannot be arrested in a foreign
country under our immigration laws.
which apply only TO aliens" said ODon-
nell. There are no laws for extradi-
ton of insane persons from abroad. He
could not be deported from a foreign
country on an insanity charge, unless
that country itself voluntarily instituted
proceedings and charged Thaw with be-
ing INDECENT which he is not, as 1
understand it,
New York authorities. all officials
hero agreed today are powerless to
force Thaw's return. They cannot is |
sue "requisition'' If he is found in an |
other State Federal attorneys stated, |
because Thaw Is not a fugitive from
justice, having been acquitted of muir
tient." They pointed out that Thaw |
Is legally insane only in New York and |
Is free American citizen" in every |
other Jurisdiction.
Could Not Make "Requisition."
State Department officials said 1t was
doubtful If any foreign nation would
honor a request from this Government
for Thaw's return should he escape
abroad. The department would be pow
erIess to Issue a formal ''requiSition"
DR. extradition papers. 1t could merely
request such a course. and Its au-
.hority even TO make such request Is
doubtful.
DR.. Benjamin R. Logic, for years the
insanity expert here,
said:
''Thay cannot be returned. II looks
% me like he Is free except he will be
iebarred forever from scintillating
llong the great white way.
Senator Borah of Idaho, one of the
,oremost lawyers in Congress- said TO-
lay:
without having given careful study
o all the points involved, l would sug-
rest that IL probably will be found that
( intercepted and adJudged insane
rhaw will have to be put in an asy-
um in the State where that judgment
s made. He is not, in law. an es-
aped criminal II he is caught. IL
aust be on a charge of insanity, which
will lead to an examination and to
does not generally apply
o the insane"
Cannot Give Federal Aid.
Senator Reed of Missouri, said:
The rights Of an insane person in T
State where he has not been COM
litted to an asylum have never been
ully tested in the courts A great deal
ill depend, in this case, upon the laws
the State where Thaw may be found,
s to apprehending and holding insane y
ersons."
Tho Senators uara opraad tb,t M
'ederal official could assist in the hunt
Or Thaw, unless within the District Of r
olumbla or upon some Federal reserva-
on.