The Bridgeport evening farmer., 1913-10-20
JURY RESCINDS
 THAW INDICTMENT
Counsel in Appeal for Prison er's Freedom Show Duchess County Action.
AssAIL JEROMEs COURSE
Bad Faith Charged And Thaw Is Said To Be Illegally Held, Now.

| NOW.
 l Concord, N. H.. Oct. 20-A brief has been filed with the secretary of state | tby counsel for Harry H. Thaw. It re- views the whole requiSition procedur re l in this state and although the petition Is not grounded on any legal facts it calls upon the governor to now refuse the requfsition of New York; and to set Thaw free
 The brief alleges bad faith on the part of representatives of New York state and says that it would be illegal For the governor to grant a reuuisi- ton if the only reason for so doing is the fact that Thaw is wanted to be again confined in asylum in that state
 The brief, which contains corre- spondence made public for the first time -says:
 Since the beginning of these pro- ceedings g. vital question has been whether or not the requisition for Thawis extradition is made in good faith. The practical form which the question takes is whether the state of New York demands the return of Thaw for the purpose of trying him for conspiracy or for the purpose of reincarcerating him in AGatteawan State Hospital for the Insane. If the latter purpose is that which actuates New York 1t is illegitinate, and for the governor of New Hampshire to honor the requisition would be ile- ga1.''
 DENIAL OF JERoMEss
 STATEMENT
 Referring to William T. Jerome's statement that an indictment had been found in Duchess county, New York, against Thaw, the brief continues:
 "A copy of what purports to be such an indictment has been sent to New Hampshire. also a letter from MT Con- ger (district attorney of Duchess coun- ty) to Bernard Jacobs, local counsel for the state of New York of which letter the following is a copy:
 At the request of the attorney generals office of the state of New York desire ito give you the exact facts as to I what transpired before the grand jury of the county OF Ouch ess in the case of the People vs. Harry K. Thaws and others in order that you may make such use of said facts be- fore the governor of the state of New Hampshire as you may deem proper. : tt On Thursday, Septem Der 18, 1913, 1 the grand jury found an indictment against Harry K. Thaw, which indict- ment was signed by myself as district attorney and by Charles Dean, fore man of the said grand jury. The next day, September 19, the grand jury yot-i ed to reconsider the said indictment
 
 grand Jury then decided by vote not to indiet the said Harry K. Thaw.
 z "Thereupon the grand jury by vote decided to reconsider the said vote of no Indictment and to reopen the case again, and then after that the grand | jury postponed further action upon the l case until Monday, September 22. 1913. 1
 After Influential Persons.
 s Tn the meantime a letter was re- ceived by me from William T. Jerome, 1 special deputy attorney general, ask 1 ing that further action on the case be 1 postponed until he could submit fur ther testimony tending to impIicate 1 other and influential persons in the 1 conspiracy This letter having been I read to the grand jury, the request 1 grand jury then adjourned until Oct. 1 6, 1913. This case is still pending be- l fore the grand jury.
 ."The assertion that Thaw is under indictment in New York for conspir- 1 acy and the attempts to support that | assertion by the submission of an al- legged copy of the indictment and MT. | Conger's letter to MT. Jacobs are nec- essarily prejudiciaI to Thaw's case and | are unjustly so because in fact no such | him.
 'It is perfectly clear that no indict- 1 ment for conspiracy has been found | against Thaw in New York. The rec 1 OrQS or the grand Jury are preSumaDIy l open to MT. Jerome and MT. Conger, l and they know or should know the | requiremnts of the code of criminal | procedure. - .fThe records are open to the govern or of New Hampshire to make inquiry whether or not Thaw was indicted in | New York state- Due weight should | be given in considering the vital ques- ton of good faith of New York to the fact that up to the present time | (Oct. 18) there has never been an in dictment for conspiracy against Thaw in New York
 Under Arrest Nearly Six Weeks.
 sIt has now been nearly six weeks that Thaw has been detained under arrest under patently defective re- quisftion petition. ilIegitimately sup ported by the amendation of an indict- ment which never existed; and during all that time no indictment has been obtained.
 Therefore we most respectfully sub init that it is the duty of the governor of New Hampshire to now refuse the of New York for the extra dition of Harry K. Thaw."