South Bend news-times. (South Bend, Ind.) 1913-1938, 1913-09-24
Statement That Action Was
Not Published as Man Re-
SpOnSibIe For Plot is Free,
is Made by Jerome.
QUESTION ARGUED
BEFORE GOVERNOR
Attorneys for Defendant Claim
That There is No Law to
Hold a LunatiC Responsible
for Leaving Institution.

CONCORD. n. H., Sept 24.-The
dug of the state of New Hampshire
toward Harry Kendall Thaw was the
subject of exhaustive argument before
Gov Felker Tuesday
The legal battle i'm which William
Travers Jerome, special deputy attOr
ney general of New York state. which
seeks to obtain the extradition OF
Thaw as a fugitive from justice. was
pitted against three of the fugitive's
array of counsel. was dramatic at
times, and near the close came dan
gerously near to being personal.
The charge that he had reSOrted to
subterfuge and was moved by Interior
motives in his determination to return
Thaw to the Matteawan Insane
asylum, Jerome retorted with unusual
feeling that the state OF New York
would not permit its justice To be de-
feated by the corrupt use of Thaw
money.
At the conclusion Of the arguments.
the governor gave counsel until Mon
day to file supplementary briefs so his
decision will not be known for a week
at least.
Seated beside the governor in the
senate chamber of the capitol where
the hearing was held. was Atty. Gen.
futile by whose opinion the execu-
tive has said he will be guided.
New Angle Develops.
During Jeromes arguments new
angles in the celebrated case devel-
oped. One that appeared TO take the
opposing counsel by surprise was his
statement that Thaw is now under in
dictment in Duchess county, charged
with conspiracy to escape from the
in n a l.
lam NJ. Chase of New Hampshire and
former Gov. William Stone of Penn
sylvania. pleading for Thaw, had en-
phasiZed the common belief that no
bill had been found against their
client and that accordingly there was
no evidence before the governor that
New York intended TO place him on
trial
Jerome went further and gave his
word that Thaw would be placed on
trial if returned to New York state.
These assertions were coupled with
the explanation that the returning of
the Indictment had been kept in secret
in order that evidence might be pre-
sented to the jury against "the in
stigator of this plot. a man of more
Importance than any one yet men,
toned in this proceeding.
Judge Chase, in turn, suggested the
to Confine Thaw who. he said was a
citizen of Pennsylvania and should by
right have been returned TO that state
when he was adjudged insane.
Are Not Confined.
Coy. Felker had announced that
counsel would not be confined in their
remarks. but might shed all the light
they could upon the case. In opening,
Mr.. Jerome contented himself with
stating that the governor had no a
terative to honOring the request of the
New York authorities, as he held that
the only points to be determined were
that Thaw was wanted, that he was
in New York state when the alleged
offense was committed. and the mat
ter Of his identity.
Judge Chase followed with the ar
gument that Thaw was insane when
he escaped from Matteawan and
therefore irresponsible. The charge
of conspiracy had been trumped up.
he said. for the purpose of returning
Thaw TO the asylum.
Speaking in a similar vein, Gov.
Stone declared that there was no law
To punish a lunatic for escaping from
an asylum. Both quoted al length
from authorities.
George +. Morris. the third Of
Thaw's counsel. attacked the petition
Tor eNtraQluOn. saying II sought 10
DO indirectly what its sponsors could
not do directly. In the name of pub
lie opinion and public sentiment, he
asked the governor TO exercise broad
discretion in dealing with the case
Mr.. Jerome began his reply by
saying that while he had listened 10
many arguments in many tribunals
nc had never heard a more extra
ordinary argument than that advanced
10y Mr.. Morris. that in a forced and
fraudulent public opinion the gov
ernor of New Hampshire could and
should find a reason or an excuse FOR
the petition for a writ
OF eXtraditiOn and for refusing TO
perform a duty laid upon him by the
of the United States.
He then quoted from decisions of
the United States supreme court TO
show that the process Of eXtradition
covered every offense punishable by
law and that the certificate of the
requesting governor was all the au-
thority as u the crime committed that
was needed by the governor upon
whom the request was made.