The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-09-23
Fugitive's Real Fight for Free
dom Begins at Concord.
jerome and His Assistant Are
ON Hand Early.
OPPOSING COUNSEL CONFIDENT
Prisoner Is Encouraged by
Presence of His Mother.
Great Crowd Gathers Outside
of State Capitol.

Concord, N. H. Sept. 23--Harry X
Thaw's real fight for freedom began
today
With the opening of the extradltloh
hearing by Governor Felker, counsel
for both sides realized the hour OF le-
gal sparring for a temporary advantage
had passed and that the outcome rested
on the Interpretation of the points OF
law. regarding which few if any prece-
dents had been found.
William Travers Jerome grim and 81
lent. arrived just before daylight he
was accompanied by Franklin Ken
nedy. assistant attorney general Oh
New York.
Counsel for the fugitive maintained
their confident attitude that Governor
Felker would not grant the eXtradltlon
of a chance visitor whose only oHense
was that he had escaped from Juris-
diction in which he had been held IRE
sponsible.
Manv disinterested lawyers held the
case would go from the governor 10 liie
federal courts for final determination
The senate chamber at the capltol,
where the hearing was called at IL
O'Clock had been arranged for the con-
venience only of those directly coh-
cerned in the case and newspaper MEL
admission of the executive council, the
members of which were accompanied
bv their wives. The council does not
act with the executive in the matter OF
extradition, but happened to be IN ses-
sion and was invited to the champer-
Thaw was up early for a final con-
ference with his attorneys He was en-
couraged by the presence OF MS motner'
Mrs Mary Copely Thaw. who with ms
brother. Josiah, came here last nlgnl-
A great crowd gathered outside the
capitol an hour before the proceedings
began.
Argument Begins.
The proceedings were delayed until
the arrival of Mrs Felker. Governor
Felker announced that he was inclined
TO hear the lawyers without strict re-
gard to legal technicalities ThaWs
counsel waived the reading of the pc
tition for extradition and Mr. Jerome
addressed the governor briefly. He de-
cIared the documents asking for the ex-
tradition of Thaw spoke for themselves
and there was nothing for the executive
to do but to honor them If any attack
was to be made upon them 1t should
come from the other side
Judge William NJ. Chase of counsel
for Thaw opened for the defense, say
ing that he would be followed by ex-
Governor Stone of Pennsylvania and
George F. Morris of Lancaster. Judge
Chase said in part:
''Thaw. a resident of Pittsburg. is
charged with conspiracy to escape from
the asylum at Matteawan, New York.
No indictment has been found against
him. although a grand jury of that
county has been in session since Sept.
s. Acting Governor Glynn has asked
for the extradition of Thaw under the
provision of the United States consti-
tuition covering such matters.
IF the request is to be granted, the
he satisfied the request ought to be
granted.
you cannot surrender Thaw to New
York's governor, simply because he is
a fugitive from Matteawan."
Judge Chase further stated that a
petition seeking extradition for a crime
must be supported by evidence of a
crime, adding, unless sufficient evil
dence is introduced here to prove that
Thaw has actually committed the
crime of conspiracy charged against
him, then you should not issue this
extradition process"
Deportation Is Upheld.
Montreal. Sept. 23.-The court of
appeals today upheld Charles Do
herty, minister of justice, in having
seized Harry K. Thaw at Coaticook
and deported him Mr.. Doherty the
court held was entitled to ignore the
writ of habeas corpus obtained by
Thaw's counsel to prevent Thaw's de-
portation. In it's decision the court
announced that the writ had been ir-
regularly served. He granted the ap-
plication of she government author
tiles to have it quaShed.