The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1913-11-09
REQU|S|T|ON IS
HONORED THAT
RETURNS THAW
CASE AUTOMATICALLY TRANS
FERS TO UNITED STATES
JURISDICTION.
HELD ON CONSPIRACY CHARGE
1.'haw Was not Present When Gov.
Attorneys and He Will Remain in
Custody of United States Marshal.

| Attorneys and He Will Remain in
Custody of United States Marshal.
Concord, N. H., Nov. S.-Governor
Felker today honored the requisition
! Of the state of New York for the ex.
tradition of Harry X. Thaw, the fugi-
tive from the New York state hospital
for the criminal insane. The case Is
now transferred automatically to the
federal courts, where writ of habeas
corpus on behalf of Thaw is pending
The governor based his decision on
the indictment returned against Thaw
in New York county, which charged
him with conspiracy to escape from
the asylum, to which he was commit
ted after his second trial for the kill
II ing of Stanford White. Thaw made his
sensational flight on Aug. II, and
few days later was arrested near Co
aticook, Canada.
Thaw's attorneys announced that
they would Immediately file an amend
ment to their petition for writ or ha-
beas corpus application for which was
made soon after Thaw was arrested
lin this state following his deportation
from Canada.
The original petition was based on
the allegation that Thaw was indicted
for conspiracy by the Duchess C unity
grand jury and it was suspended pend
ing the governors decision upon the
matter OF extradition.
Because the extradltion has now
been granted on the strength Of the
New York county indictment 1t VIII
be necessary to amend the petition
accordingly.
Thaw was not present when Gov.
Felker announced his decision to the
attorneys representing the fugitive
land the state of New York at the cap
ltol. He will remain here in custody
of United States Marshal Nuts and
Sheriff Drew pending the federal pro-
ceedings.
In granting the extradition, Gov
Felker said in part:
by the petition OF Gov. Glynn and
the accompanying papers It appears
that the grand jury OF the county or
New York has duly returned into open
Ecourt an Indictment against Mr.. Thaw.
That is sufficient - warrant the ar
rest, arraignment and trial of the re-
spondent, II he may be found within
the state wherein the indictment Is
pending 1t Is furthermore sufficient
to establish that Mr.. Thaw Is IL
found In any state or country while
such indictment is pendng-a fugi-
tive from justice.
The provisions of the federal con-
stitution and the acts OF congress en-
acted to give force and effect thereto
as construed by the court OF last re-
sort upon such matters, limit me to
the consideration of the question a.
Whether the person demanded has
been substantially charged with a
crime and (2) Whether he is fugi-
tive from justice.
Such was the decision of the SUI
preme court OF tie United States in
the most recent case wherein a SIS
ter state demanded OF New Hamp-
shire the interstate rendition OF a
person within her border (Manucy VS..
CIough 1856 u. s. 372, decided In 1909
| a. Inv n.
[ imous court that the proceedings In
matters OF this kind before the COVER
nor are summary in their nature.
The person demanded has no con
stitutional right to be heard before
: the governor on either question, and
j. the statute provides for none. To mold
: otherwise would In many cases rem
3 der the constitutional provision, as
2 well as the statute passed to carry
+ 1t out wholly useless.
g Il have nevertheless, owing to the
n urgency of the demands of his coun
G sel--men in whose integrity | have
r confidence, and for whose opinions
. entertain deep respect-given Mr.
e Thaw the fullest possible opportunity
;, for the expression of their views
With profound respect, therefore,
i am unable to view my duty in tn.
}. premises as including an investiga
ton of Mr.. Thaws mental condition
d or OF the counsel for the state of New
l. York, or of the probable guilt or in
'nocence OF the accused"