New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-08-19
WHITMAN AIDS DOUBT
INDICTMENT OF IHAW
Fugitive Could Be Brought Back
Only Through Criminal Charge,
Is General Opinion.
GRAND JURY MAY REFUSE
BY Reason of Great Expense to
State, Action of Body Will
Be Taken with Great
Care in Any Event.

Members of District Attorney Whit
mans stan differed yesterday as 10 the
possibility OF getting Harry X. Thaw
back into the asylum at Matteavan.
No one disputed the statement made by
Isidor Wasservogel. acting District At
torney. that Thaw could not be eXtradit-
ed as an escaped Iu1atic. but a man Of
long experience in the District Attor-
neys office gave il as his opinion that
Thaw might he indicted in Duchess
County and brought back as fugitive
from justice.
Section $50 Of the Penal Code, relat-
ing to conspiracy, is the section under
which II was said an indictment might
be found against Thaw The section
reads as follows:
If two or more persons conspire 10
commit any act injurious TO the public
health. to public morals. or 20 trade or
I commerce. or for the perversion or OBJ
struction of justice. or of the due ad-
ministration Of the laws. each Of them
is guilty Of a misdemeanor.
The fact that several men and two
automobiles were ready and waiting Tor
Thaw. and that Thaw apparently knew
OF their presence. would be the basis
of the conspiracy charge.
The fact that Thaw was adjudged in
sane said an Assistant District Attor-
l he har n 7,
although IL that were introduced as
defence at his trial on the conspiracy
charge Il might bring about an acquit-
tai. As matter Of fact. Mr. WHIT
mans assistant considered II highly I'M
probable that At the time he entered
into the conspiracy Thaw was. so far
as the plot was concerned, legally IN
sane. He believed that II Thaw entered
into a conspiracy 10 escape from Mat
teawan he did so knowing the nature
and quality Of his act and tnat II was
wrong.
! The indictment for a misdemeanor' =,
was said. would he sufficient 10 justify
/ extradition proceedings with any state.
| II was thought unlikely. however. tha'
any steps would be taken toward an IN
dictment until Thaw had been found. II
was pointed out that the authorities IN
any state where he was found might dd-
/ fudge him insane and commit him TO an
| institution there.
| Also. there is a possibility that even
viii, evidence sufficient 10 warrant an IN
dictment. a grand jury. mindful Of the ex-
pense Thaw has been 20 the state. might
refuse 10 indict.
Another member Of the District Attor-
news staff, who is familiar with the
| Thaw case said he doubted II any indict-
ment could be obtained agains: Thaw' be-
cause the first evidence 70 De produced
before a grand jury would be that Tina"
was adjudged insane and confined IN 'hs
asylum at Matteawan.
| All those seen yesterday agreed tha
unless a criminal charge Is broush'
against him. Harry Thaw is safe from
extradition. If man convicted OF
felony escapes from prison. that IN ltsei'
is a felony. II a prisoner convicted Vi
r,isdemeanor escapes IL constitutes
| r,isdemeanor. II a man confined IN an
| ,.a,,.ution for the criminal insane es-
| capes IL Is no crime
| NJ Wasselvogel. as acting District Az
,orrev Yesterday sent Morris Koenig' oil
hie staff. 10 Matteawan to Cooperate
nth the authorities there. Mr.. hoehis
nos sent as a representative OF Ne"
-, countv because Thaw was com
nftted from a court here