South Bend news-times. (South Bend, Ind.) 1913-1938, 1913-11-08
Gov. FeIkner HonorS RequiSi-
tion Papers of Jerome
Charging Conspiracy.
DOES NOT MEAN RETURN
TO MATTEAWAN AT ONCE
Attorneys Are Gloomy Although
Expected Decision to Be
UnfaVrabIe.

CONCORD, y. H., Nov. S.-Gov.
Samuel ID. Kelker Saturday ordered
the eXtradition of Harry K. Thaw to
New York in response to requisition
papers charging him with the crime
of conspiracy.
The decision of the governor was
announced at 11:05 o'clock. 1t was
written and copies were handed TO the
Thaw lawyers, to Than himself to
Bernard r. Jacobs, representing w.
T. Jerome, and to the newspaper men.
Gov. Felker refused TO comment on
it's action beyond referring inquirers
to the written declaration. This de-
cision designates Sheriff Hornbeck of
Dutchess county TO take Thaw back to
New York. Sheriff HOrnbeck was
named in the requisitiOn papers filed
by VIM. T. Jerome
Does Not Mean Matteawan.
The decision handed down Satur-
day by Gov. Felker does not mean that
Thaw will be returned Immediately
to Matteawan, from which he escaped
on Aug. II. He has pending in the
L s. district court a petition for a
writ of habeas corpus. II is improb-
able that a hearing will be held for at
least three weeks,
The extradition order was granted
in response TO requisitfoR papers from
Gov. GlyDn of New York, filed by
Jerome.
When the decision was made there
were waiting in the governors ohlce
about 80 persons including the MEM
.bers of the governors council, the
newspaper men and attorneys.
Thaw himself stayed in his room at
his hotel.
Gov. Felker left his office, nodded
to the crowd that had~gathered ana
said:
Il have FIVE copies of my decision:
How many newspaper men are here
Reporters went TO him and he hand
ed them the five copies. The attor-
neys for both sides then pressed up
TO the newspaper men and asked what
the decision was.
ATTORNEYS Are Gloomy.
"Extradition." said the reporters.
after hastily scanning the thousand
word decision. The attorneys lett,
the Thaw counsel decidedly gloomy.
The decision had been expected but
they had hoped until the end
Gov Felker in his decision bases
the extraditiOn order on written
opinion from Atty. Gen. Tuttle. The
governors decision is strictly in ac-
cord with interstate comfy. Gov. Eel
ker ignored all questions of New
York's good faith, which had been
attacked by the Thaw counsel. lie
discussed simply the question OF the
form of the papers an dtheir validity.
Thaw was apparently not disturbed
by the blow 10 his chances. He IS
sued the following statement:
1T has been my opinion that Gov.
Felker would order the eXtradition.
The people of Concord thought SO and
/ was nearly moved by their belief.
1T is also my impression that GOV.
Felker did what he believed TO be
avsaa1xr Gff III -ta0
whether the documents were technl-
cally correct and that ne did not in
quire into the motive which inspired
the persecution of me-
Il am not disheartened. My
strongest hopes lie now in the federal
courts"
VIII Wait JerOme's Next Move.
The Thaw lawyers will wait now
for Jerome to make the next move.
Jerome is 10 ask that the writ of
habeas corpus which brings Thaw
into the federal courts be dismissed.
The Thaw counsel Will Immediately
file a new or amended habeaS corpus
Detition. This petition may come up
for hearing probably the latter part
of next week in Portsmouth. y. H.,
where the federal court is now sit
ting probably before Judge Aldrich.
Both sides have agreed that there
shall be no unreasonable delay in the
hearing Both sides have likewise
agreed that the United States circuit
court Of appeals has no jurisdiction in
the case. so that no matter what the
decision of the Portsmouth courts
shall be the case will be appealed di
rect TO the United states supreme
court
There il is q question OF time. The
Jerome lawyers admit. il is said. that
Thaw will probably be free for at
least another year.