The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-11-09
New Hampshire Execu-
tive Honors Requisi-
ton for Extradition.
CASE NOW GOES TO
FEDERAL COURTS
Automatically Transferred on
Writ of Habeas Corpus, Which
Is Pending-Decision Based
on Indictment Returned
Ag ainst Fugitive in
New York County.
Especial 70 Tho Times-plspatch.l


Concord y. H., November S.--Gov-
ernor Felkcr to-day signed the extra
dition papers tor tho return of Harry
Il. Thaw TO tho custody 90 Sew York
state. To-days decision. although "a
victory for William TravcrS Jerome
and his assistants i'm the Tight for the
return Of Thaw to New York state.
does not mean that the fugitive will
be taken back to Matteawan Asylum
immediately. In fact. il may bc a year
or more before the SLAYER of stanford
White Is taken out OF New llamp-
shire. The case is now transferred
where = writ of hab"as corpus on be
half OF Thaw is pending
Tie Governor based his decision on
the Indictment returned against Thaw
in New Yorl. County. which charged
him with conspiracy to escape from
the asylum to which he was committed
after his second trial for tho killing Of
stanford White. Thaw made his sem
saticnal flight on August IL. and a few
days later was arrested near Coat
cook, Canada.
Time tn Prepare Papers.
Their" will be no move looking to
the transfer OF Thaw until Monday.
November Il, in order to give his
counsel time to prepare their papers
for the United states court proceedings
and there viii be no action on Thar
phase OF the case until the last of next
week. Vhaw Will make no comment
Ola the decision. but Mrs. Thaw has is
sued Il statement expressing her dis
appointment.
Thaws attorney announced that they
would Immediately nlc an amendment
10 their petition Tor writ of nabcas
corpus. application for which was
made soon after Thaw was arrested In
tint fnl inc lti al. .;..,.
from Canada
The original petition was based on
the allegation that Thaw was indicted
for conspiracy by the Duchess County
grand jury. and ii was suspended pend
ing the Governors decision upon tho
matter OF cNtradition.
Because the eXtraditiou has now
been granted on the strength of the
New York County Indictment il will be
necessary TO amend the petition nc.
cordngly.
Thaw was not present when Cover
nor Fellter announced his decision to
the attorneys representing the fugitive
and the State OF New York at the Cap
itol He Will remain here in tho Gus
tody of United states Marshal Mute
and Sheriff Drew pending the Federal
proceedings
Governors Explanation.
In granting the cXtradition, Cover
nor Feliicr said in part:
BY the petition OF Governor Glynn
and the accompanying papers, ii ap-
pears that the grand jury OF the Coun-
~ OF New York has duly returned into
open court an Indictment against MI
Thaw. That is sufficient to warrant
the arrest. arraignmcnt and trial OF
the respondent ii lice may be found
within the state wherein the indict-
ment is pending. 1t is furthermore
sufficient TO establish that Nh. Thaw
is. Ii found in any State or county
while such indictment is pending, Il
fugitive from justice.
The provisions OF the Federal Con-
stitution 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 questions: %
Whether the person demanded has
been substantially charged with a
crime; and. CD Whether he is fusi-
tive from Justice.
Such Was the decision Of the SUI
premc Court OF the United states in the
most recent case wherein a sister state
demanded Of New Hampshire the in
tcrstatc rendition Of person within
her border (Muncy rs. CloUgh. 1916 l.. ;.
312. decided in 1909. In that case, it
was decided by a unanimous court that
the proceedings in matters OF this
in their nature.
The person demanded has no con
stitutiom1l right to be heard before the
Governor on either question. and the
statute provides for none. 10 hold
otherwise would in many cases, rem
der the constitutional provision. as well
as the statute passed to carry it out.
wholly useless
Given Full Opportuniiy.
Il have. nevertheless. owing TO the
urgency of the demands of his coun-
sci men In whose Integrity have
confidence, ana for whose opinions L
entertain deep respect given Mr.
Thaw the fullest possible opportunity
for the expression Of their views with
profound respect, therefore, I am UNI
able TO view my duty in the promises
as including an investigation OF Mr.
Thaws mental condition. or OF the
conduct Of the counsel for the state of
New York. or of the probable guilt or
Innocence of the accused"
hIny Go tn Supreme Court.
al tn N