The Barre daily times. (Barre, Vt.) 1897-1959, 1913-09-17
Leaving Littleton, Thaw Re-
ceived Plaudits Of the
Crowd Joyously
FEELING HE WAS SAFE
BEHIND HIS WRIT
Hearing on Extradition
Will Be Held Before Gov.
Felker Next Week

Littleton, n H., Sept. H.-Harry k
Thaw moved on to Concord to-day Il
await the hearing before Governor Felix
er next Tuesday in the matter OF hi
axtradition. Safe in the knowledge thai
hhe United States district court will re
view the case on writ Of habeas corpus
If he loses, the Nlatteawan fugitive
smiled and waved at the crowds that
greeted him on the way to the station
The train was due to arrive in Concord
at $40 this afternoon.
Ex-Governor Stone of Pennsylvania
was the only lawyer with Thaw to-day
The Others satisfied with Their work in
having the federal hearing indefinitely
postponed, left town yesterday to rest
before the extradition hearing. William
Travers Jerome also left yesterday and
probably will 60 to Concord Monday.
Edgar Aldrich, United States judge
for the district Of New Hampshire, in
deciding that Thaw had the right, in
effect, to hold his habeas corpus writ in
abevance explained in his rescript that
this was the petitioners privilege in
that, should he be ordered extradited,
1t would still be open to federal au-
shority to afford such protection as the
constitution and the laws OF the United
States require.
During the early part of the court
proceedings Thaw avoided the eyes Of
Jerome. but when he saw that his Old
enemy was not pressing the attack that
he had outlined in that the writ had not
been obtained in, good faith but as a
means OF delay, he raised his gaze TO
the face of Jerome, and when the latter
failed to put in evidence an affidavit OF
newspaper writer to support the con-
tention that the Thaw lawyers were
merely sparring for time, the fugitive
laughed outright. The only lawyer re-'
naming With Thaw last night was ex-
Governor William A. Stone of Penn
sylvania, acting as personal representa-
tive OF the Thaw family.
Judge Aldrich's Rescript.
Concluding his rescript yesterday,
Judge Aldrich engaged Mr.. Jerome in in
formal colloquy as regards Thaw's sta
tus as an insane man or a criminal
It was perhaps the most interesting parr
Of the brief court procedure
1T is probably open to counsel for
the petitioner" said the court, ''to raise
questions whether this New York process
under which Thaw was held as an insane
person should become part of the pro-
ceedings at issue, whether the process
under which he is held here is due proc
ess. The novelty of the situation, as
everybody must see, results from the
in New York as an insane person and
the offense or crime upon which it Is
sought to have him extradited consists,
according to their own account of it,
Of his escape from that institution. Now,
whether the state of New York, hold
ing person as an insane person is in
position to set up his escape as d
crime, within the meaning Of the fed
eral constitution and of the state au-
thorities, is question. If you have
found anything in the books, Mr.. Je
rome, on that question, you have done
better than | have. 1t seems to me
that it involves a novel proposition"
Jerome--I understand it to be the
rule as laid down in the Czolgosz case
and the Guiteau case, that if a person
knew the nature and quality of the act
md that it was wrong, it did not mat
Ter whether he was sane or not.
The eourt-There results the novelty.
7 fpft 20
The other about it, but you seemed to
assume at the outset that the questions
were enirely clear. / don't think they
ire.
Jerome-I think on the argument
will be able to show your honor deci-
Iions of the federal courts in extradi-
lion that the door is closed 10 your
,onor's investigation of these questions.
The COURT wish it to to be under
stood that / am making no intimation
Is to what | think about the question
when | say it is novel But if you
stand upon the position that extradition
S justifable, provided Thaw was of suf-
icient mind to commit criminal act
u the time he escaped from Matteawan,
Fou put qualifica tion upon your prop
,sition at once. Now where is that
question of mental condition, within
the meaning and scope of the extradi-
ion law, to be determined, in New York
,r in New Hampshire? When one SOW
,reign state asks another sovereign state
iorcibly to seize man and carry him
lcross the line to another jurisdiction
S any question closed?
Jerome-We think that all that will
De open for your honor's investigation
viii be: as he charged with crime?
Vas he in the state at the time of
he commission of the crime and now
'ound here, and is he the person men
.ionedY"
The COURT think that you are per-
ectly correct in that proposition as
yeneral one, but when the papers show
hat one is charged with criminal act |
ind that act is involved in and solely |
grounded in the escape from warrant |
which holds him as an insane person. |
rave you cases which hold that he should !
De eXtradited as a criminall
Jerome--We have cases that hold as
you have in the federal jurisdiction |
hat an insane man is held to criminal |
The most striking case
n our state was where a man conceded |
" the district attorney to be insane |
vas convicted of murder i'm the first de-