Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-08-18
"THAW WOULD Be
SAFE IN JERSEY
Some Newark Lawyers Think
So, Others Say He Is LA
BILE to Extradition.

There seemed to be diversity OF
opinion among local lawyers today or
the possibility of Thaws extraditior
If he is found in the United tSates
Several believed that he is safe if he
is out of New York, while others said
he could be arrested anywhere as ar
| insane man. Still others thought he
could be taken back to New York or
| technical charge of assaulting the
asylum gateman. There was rumol
today that the gateman had confessed
| to aiding Thaw to escape, and a few
| lawyers thought this charge of con-
spirack would serge to bring him
back.
Once Thaw returns to New York
no matter how he returns, nothing
can save him from being taken back
to Matteawan. So, Of course, he will
stay out of the State, and If he is
ever found 1t will be necessary for
the New York authorities to extradite
him. How to extradite him is the
paramount question now in their
minds.
Former Governor John Franklin
Fort, who has signed hundreds of ex-
tradition arders in his capacity of
governor, seemed to think that ThaW
was safe out of New York, providing
there is nothing in the New York
statutes covering the extradition of
an escaped lunatie
at all depends on the New York
statute" said former Governor Fort
In response to q reporters question,
whether or not he can be brought
back. If there is nothing in the
statute that makes escaping from an
asylum an eXtraditable offense, then
think he is safe"
Mr.. Fort was told that Thaw is
supposed to have escaped to sea.
HAS he? l think he's wise In doing
that. It will be more difficult to bring
him back if he goes to some other
country. You see, eXtradition in this
country is merely courtesy or ac-
commodation between States, but
with other countries it's different. In
ternational extradition Is regulated
by treaty and Thaw may reach some
country with which we don't have
treaty covering the extradition of es-
caped lunatics. If he knocked over
the gateman he can be extradited for
that, but | don't think they can bring
him back on the conspiracy charge"
Michael T. Barrett, who, when he
was practising a few years agf1o was
considered an authority on criminal
law. was one of the lawyers VINO
thought Thaw could be arrested any
wheer as an insane man. He SAID:
'Say. for instance, Thaw came TO
New Jersey. He could be arrested
here and held until he proved that he
Is sane. If he was declared insane
he would be liable to Incarceration IN
New Jersey asylum, but TINS State
would probably make an effort TO senu
him back to Matteawan where ne De-
longs. =.
II heard today that Thaw is un-
der indictment for assaultlns
keeper some time ago. DO you KNOW
anything about that?'
The reporter said he did not.
"Weu, If he is under indictment
he will have to answer 1t the minute
he is proven sane, and In that way
the authorities will get him pack to
New York. Then they can return
him to Matteawan, even II ne mas
been proven sane in some otner
state. l suppose he is liable TO ex-
tradition If he assaulted the steward
yesterday morning"
Henry II. Frying. who has offices
in the Prudential building, thought
that the assault on the gateman
would be sufficient to have Thaw eA-
tradited If he is found.
ar Thaw knocked over the gate
man he is guilty of technical as
salIlt. and therefore liable to arrest.
Inasmuch as he has fed he Is a fug-
tive from justice. The Constitution
proyides that any fugitive may be
extradited, so the rule would apply
in this case. l think he could be
extradited, too, on the conspiracy
charge If the gateman confesses that
he plotted with Thaw.
There were number of lawyers
who agreed that Thaw would be safe
If he came to New Jersey. They ar
gued this way;
By the legal Interpretation of the
Jersey statutes, the State has no IN
terests in the escaped lunatic. so long
as he behaves himself while within Its
borders, and he cannot be extradited
to New York as lunatic.
As n ruse, the Empire State official
NAV reouisition Thaw on a warrant
charging him with felonious assault
or conspiracy, and as soon as he has
crossed the border ne can be legally
returned to Matteawan and held there
even though he be acquitted of the
charges on which he was extradited
according to the information of sew
eral local attorneys who have looked
into the matter carefully, but who dc
not wish to be quoted.
Thaw was acquitted of the murder
of White. The local attorneys say he
is not a fugitive from Justice, and the
State of New York cannot be respon-
sible for his acts so long as he is not
in the State.
In Jersey. IL a man is declared in
sane after he has been indicted or al
the time of his trial. he is ordered
placed in an institution until such
time as he is declared sane enough to
stand trial.
Thaw, however, was declared insane
| at the time he shot White by the jury
which tried him, and 1t was at sub
sequent examination that he was de-
clared a lunatic and sent to Mattea-
wan.
| A TTENNANT WHO 0pENED