Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1913-09-17
THAK MAY CO 70
SUPREME COURT
SUCCESS YESTERDAY LAID THE
FOUNDATION FOR YEARS
OF DELAY.
WON A NOTABLE VIC ORY
Crowds Checred the Fugitive When
Judge Sustained His IIabcas
Corpus Writ.

Counsel for Harry Kendall Thaw to-
day laid the foundation for plans to
carry his case to the supreme court
OF the United States--h such a step
is found necessary
When the governor Of New Hamp-
shire passes on the matter Of the eX-
tradition OF Thaw to New York at
the hearing to be held September 23,
the findings. IL adverse To ThaW, will
be reviewed by the United States dis
trtct court and, should decision
against him then be rendered, sue
oessive appeals will be taken until the
case reaches the highest court In the
land.
Won Great Victory
This was the announcement made
by tho Thaw lawyers tonight, after
the most notable court victory for
the fugitive, either in Canada or the
United States. since his escape from
Matteawan asylum for the criminal
insane. II was made after a hearing
on federal writ of habeas corpus,
obtained In Thaw's behalf and inVOk-
Ing the fourteenth amendment to the
constitution, had been indefinitely
suspended until such time as couT, 81
saw fit TO begin arguments afte, the
eXtraditiOn matter had ben deciuo4
by the governor.
Edgar Aldrich, u. S. Judge for the
district OF New Hampshire, in de-
Gliding that Thaw had the right, in
effect, TO hold his ha3aas corlps writ
in allegiance, explained in his rescript
that this was the petitioners privilege
in that should he be ordered extra
dited, ''it would still be open TO fed
eral authority to afford such protec-
tion as the constitution and the laws
of the United States require"
Thaw's jubilant counsel, headed by
Moses Grossman and l.. j. Vorhaus,
departed for New York leaving their
client in the Joint custody of the
United States marshal and Sheriff
Drew Of Coos county. nto to return
until the hearing before the governor
Is called. The head Of the New York
state forces, jerome and Deputy At
torney General Kennedy and Sheriff
Hornbeck of Dutchess county. also
left tonight. They will come back for
the hearing Tuesday.
Thaw Is Jubilant
Thaw, according TO the understand
ing reached, Will be taken to Concord
in the morning He was Quartered at
Thayer's hotel tonight, feeling fine
and predicting that the gates Of Mat
teawen would never close behind him
again.
Mr.. jerome had little or nothing to
say, 'Thaw is tied up now with a
federal writ" he said "and there is
no getting around 1t. But the qucs-
tions to be decided by the governor
are simple and we hope for vic
tory"
Concluding his rescript today Judge
Aldrich engaged Mr.. Jerome in in
formal colloquy as regards Thaw's
status as an insane man or a Grim
inal 1t was perhaps the most inter-
esting part of the brief court pro-
ceedings.
The novelty of the situation" said
the court, 'as everybody must see,
results from the fact that Thaw was
held in an institution I'm New York
as an insane person and the offense
or crime upon which II is sought to
have him extradited consists. accord
ing to their own account OF IT, i'm his
escape from the institution. Now,
whether the state Of New York. hold
ing a person as an insane person, IL
in a position to set up his escape as
a crime within the meaning of the
federal constitution and of the state
authorities, is a question. II you have
found anything In the books, Mr.. Je-
rome on that question, you have done
better than l have. II seems to me
that II involves novel proposition.
Jerome: Il understand II to be the
rule as laid down in the Czolgosz case
and the Guiteau case, that II a person
knew the nature and quality Of the
act and that it was wrong. 1t did not
matter whether he was sane or not
The court: There results the nov
city. You seemed to assume at tho
outset the questions were entirely
clear. | don't think they are. "
Jerome: II think on the argument
will be able to show TO your honor
decisions OF the federal courts in ex-
tradition that the door is closed to
your honor's investigation OF these
questions"
The court: "If you stand on the po-
sitIon that extradition is justified,
provided Thaw was Of sufficient mind
to commit q criminal act at the time
he escaped from Matteawan. you put
a qualification upon our proposition
at once Now, where is that question
Of mental condition wlthln the mean
ing and scope Of the eXtradition law
To be determined In New York or
in New Hampshire? When one SOW
ereign state asks another sovereign
state forcibly to seize a man and carry
him across the line to another ju-
risdiction, Is any question closed?'
Jerome: 1--WE think that all that
will be open for your honor's inves-
tigation will be: Is ne charged with
a crime? Was he In the state at the
time Of the commission OF the crime
and now found here and is he the
person mentioned
The court: Il think that you are
perfectly correct in that proposition
as a general one. but when one Is
charged with a criminal act and that
act is solely grounded in the escape
from a warrant which holds him I'm
an insane asylum, have you cases
which hold that he should be extra
dited as a criminal?"
Jerome: I'VE have cases which
hold as you have In the federal ju-
risdiction that an insane man Is held
to criminal respor visibility"
The court: There is really no ques-
tion for further discussion. But I
will say that counsel on both sides