The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1913-11-08
Action Of New Hampshire's
Governor Based on lndiet-
ment against Thaw.
HABEAS CORPUS PETITION
Now Brings the Case into the
Federal Courts as ThaW's
Final Resort.

CONCORD, n. H., Nov. S.-Governor
Felker today honored the requisition
of the state of New York for the ex-
tradition of Harry K. Thaw. The
case is now transferred automatically
to the federal courts, where writ of
habeas corpus on behalf of Thaw is
pending. The governor based his de-
cislon on the Indictment returned
against Thaw in New York county
which charged him with conspiracy
to escape from the insane asylum at
Matteawan, to which he was COM
mitted after his second trial for the
killing OF Stanford White.
Thaw made his sensational flight
on August II and few days later
was arrested near Coaticooke, Canada.
Thaw's attorneys announced that they
E.uld Immediately file an amendment
to their petition for their writ OF
habeas corpus, application for which
was made soon after Thaw was ar
rested in this state, following his de-
portation from Canada
The original petition was based on
the allegation that Thaw was indicted
for conspiracy by the Duchess county
grand jury and 1t was suspended
pending the governors decision upon
the matter of eXtradition. Because
the extradition has now been granted
on the strength of the New York
county indictment it will be neces-
sary to amend the petition accord
ingly.
Thaw was not present when Gov
ernor Felker announced his decision
% the attorneys representing TIT
fugitive and the state of New York
at the capital. He will remain here
in the custody of United States Mar
yshal Mute and sherig Drew, pending
the federal proceedings.
In granting the extradition, Gov
ernor Felker said in part:
"By the petition OF Governor Glynn
and the accompanying papers it ap-
pears that the grand jury of the coun-
ty OF New York has duly returned in
to open court an Indictment against
Mr.. Thaw. That is sufficient to war
rant the arrest, arraignment and trial
of the respondent If he may be found
within the state, wherein the indict-
ment Is pending 1t Is furthermore
sufficient TO establish that Mr. Thaw
is, IL found In any state or country,
while such indictment is pending, n
fugitive from justice.
THE provision 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
restort, upon such matters limit me
to the consideration of the question
first, whether the person demanded
has been substantially charged with
a crime and second, whether he is n
fugitive from justice. Such was the
decision of the supreme court of the
United States in the most recent case,
wherein a sister state demanded Of
New Hampshire the interstate requisi-
ton of person within her borders
(Muncy vs.. Clough, 1856 U. S. 372, de-
cided in 1903) In that case it was
decided by a unanimous court that
the proceedings in matters of this
kind before the governor are sum
mary in their nature.
"The person demanded has no cor
stitutional right to be heard before the
governor on either question and the
statute provides for none. To hold
otherwise would in many cases rem
der the constitutional provision as
we'll as the statute passed to carry !,
out wholly useless
II have nevertheless owing to the
urency of the demands of his counsel
men in whose integrity l have conf
dence and whose opinions | entertain
deep respect, given Mr. Thaw the full
est possible opportunity for the eX-
preston of their views. With pro-
found respect therefore, l am unable
to view my duty in the premises as
including an investigation of Mr.
Thaw's mental condition or Of the
counsel for the state of New York or
of the probable guilt or innocence Of
the accused. >
Il have and / shall continue to as
sumo that the courts of the state OF
New York do and will demonstrate
fun appreciation OF the dictates of fair
play and a righteousness and equal
administration OF justice"
The governor said that by the rules
of practice in eXtradition cases, pre-
pared by the interstate extraditiua
conference in 1887, and adopted by
the state, a prisoner in the position OF
Thaw was given such opportunity to
sue out writ OF habeas corpus as is
prescribed by the laws of this state
or by the federal law.
Tht governor made public an opin.
ion from Attorney General James P
futile, advising him to grant the re-
QUESTION on the grounds that by this
course any possibility of ultimate er.
ror is excluded and all constitutional
rights Of the individual and all con.
stitutional obligations Of the state
quickly maintained"
AT a conference of counsel. follow.
ing the decision, it was agreed tina
Thaw should remain here in his pres