Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-09-28
Lawyers for Prisoner Puzzled by
Finding of True Bill Charging
Plot Against Client Held Legally
Insane in State Returning It.
Former District Attorney Declares
Proceedings Were Stopped in
Order to Get Man Higher Up in
Daring Escape From Matteawan.

CONCORD. n. H, Sept. 27-How
William Travers Jerome could have
secured an indictment against Harry
n. Thaw legally insane man. for
conspiracy in plotting his escape from
Matteawan is a question that is puz-
zling Thaw's lawyers to-day. Gov
ernor Felkers decision on the writ Of
extradition will be rendered next
Monday.
Meantime, il is predicted that the
Indictment may help to save Thav
from returning to Matteawan. since.
IN the opinion OF many LAWYERS. he
can not be tried on the consniracv
charge unless he is sane. and IL he IS
sane, he can not be returned to the
asylum.
Jerome's announcement that a SEE
cret indictment had been found bv the
Grand Jury of Duchess County. New
York, against Thaw did come as a
bopbshell to his lawyers, however.
In explaining the Indictment 10
day, Jerome said:
THE fact is that an Indictment Wa.
found and was signed But before
that Indictment was filed a reouesr
was preferred by the Attorney Cen
eral Of the State of New York
through me, that the Grand Jury sue.
pend further investigation until
could return from New Hampshire TO
present to them evidence concerning
the instigator of this plot-the man
higher up-a man of more Importance
than any YET named in the proceed
ings.
Indictment Kept Secret.
TT was after conference betwaen
myself and one of the grand jurymen
appointed as a committee that the
entire matter was laid over, and that
is the history Of that"
The indictment had been kent Sc
cret said Mr.. Jerome, in order to pre-
sent to the Duchess County Grand
Jury evidence against the instigato-
a man Of more importance than anv
one yet mentioned in this proceed
ing The news demolished the pIea
OF the defense that - indictment ar
listed on which extradition from New
Hampshire to New York could be de-
manded.
Mr. Jerome's argument followed
that Of William Chase and George r.
Morris who made long speeches TO
Governor Felker in opposition to the
eNtradition Of the fugitive from the
Matteawan State Asylum.
Mr. Chase recited that Thaw was
before the Governor charged with
conspiring to escape from Matteawau.
although the Duchess County Grand
Jury had taken no action. The law
yers asserted New Hampshire could
not surrender Thaw merely because
h. was fugitive from Matteawan.
Thaw Weeps at Hearing.
Thaw wept as his counsel pleaded
with Governor Felker not to surren-
der him to the New York authorities.
Mrs. Thaw was by her sons side
throughout the hearing.
Against criminal intent, said M.
Chase, insanity is complete defense.
THE State of New York has 40
right to question the findings of it's
own court that Thaw is an insane
person" he said. But 1t has charged
this insane person with the crimina:
act of conspiracy, especially reQutr-
inc the eysrCisa of sanity
"Thaw was in Matteawan, not as
punishment for a crime, but as pro-
lection to the public against the acts
of an insane person.
There is no decision" said Mr..
Chase, "of the courts making escape
OF an insane person from an asylum
an extraditable offense. If Thaw,
unaided. has escaped from Mattea-
wan 1t is not crime. And as an in
sane person he was not capable of
into a conspiracy to escape.
Nor is there any testimony offered to
show any participation on Thaw's
part in any plot for his escape.
THE real purpose of this proceed