The Washington herald., 1913-11-09
THAW CASE now !.
GOES TO COURTS
Slayer Ordered Extradited.
Lawyers Prepare to Sue
Out Habeas Corpus Writ.
YEARS DELAY PROBABLE
Gov. Felker Says Indictment Is Suf-
6cient to Warrant Return
of Fugitive.
YEARS DELAY PROBABLE

Concord, N. H., Nov. 6-Gov, Felker
today signed the extradition papers for
the return OF Harry X. Thaw to the GUS
tody OF New York State. Today's deci-
sion, although a victory for William
Travers Jerome and his assistants, does
not mean that the fugitive will be taken
back to Matteawan Immediately. In
fact IL may be a year or more before
the slayer of Stanford White is taken
out of New Hampshire.
Gov. Felker, after signing the paper,
gave the following reasons for his ac-
ton, based on an opinion by Attorney
General James P. Tuttle:
Indictment Is Sufficient.
BY the petition of Gov. Glynn and
the accompanying papers, it appears that
the grand jury inquest of the county OF
New York has duly returned into open
court an indictment against Mr.. Thaw.
That is sufficient to warrant the arrest,
arraignment, and trial of the respondent,
If he may be found within the State
wherein the indictment is pending.
TT is Furthermore sufficient to establish
that Mr.. Thaw is-if found in any State
or country while such an indictment is
pending-a fugitive from Justice.
The provisions of the Federal Consti-
tuition and the acts of Congress enacted
to give force and effect thereto as con-
strued by the court of last resort upon
such matters, limit me to the considera-
ton of the questions % whether the
person demanded has been substantially
charged with a crime, and C), whether
he is a fugitive from justice. Such was
the decision of the Supreme Court of the
United States in the most recent case
wherein State demanded of New Hamp-
shire the interstate rendition of a per-
son within her borders
Says Law Is Plain.
Il have, nevertheless, owing to the
urgency of the demands of his counsel,
given Mr.. Thaw the fullest possible OPP
pOrtunity to present his views. With
profound respect, therefore, l am un-
able to view my duty in the premises, as
including an institution of Mr.. Thaw's
mental condition, or of counsel for the
State of New York. or CT the probable
guilt or innocence of the accused To
do SO would hardly be consistent with
the mandatory provision of the Consti-
tuition that a person charged in any
State with treason, felony, or other
crime. who shall be found in another
State. shall, on the demand of the eX-
ecutive authority of the State from
which he fed, be delivered up
Has Recourse to Courts.
BY the rules of practice in eXtrad-
ton cases. prepared by the interstate
eXtradiction conference, held in the city
Of New York in 1887. and recommended
to and adopted by the States. and which
have been in force ever since, any and
all rights of persons who may be taken
into custody for purposes of eXtradiction
areS preserved to their fullest measure
by a provision whereby the officer taking
the resi- Ondent into custody is. command
ed to afford the prisoner such oprortu-
nifty to sue out a writ of habeas corpus
as lis prescribed by the laws of this
State or by the Federal iaw.' Such pro-
Cedure affords Mr.. Thaw an ample rem
edy before a tribunal having jurisdiction
of such extraordinary remedies with the
rower to issue final process for carrying
its judgments into effect"
There will be no move looking to the
transfer of Thaw until Monday, Novem-
ber II, in order to give his counsel time
TO prepare their papers for the United
States court proceeding. and thers Will
be no action on that phase of the case |
until the last OF next week
Thaw made no commsnt on the de- |
cision. but Mrs Thaw has issued a state
ment expressing her disappointment