The Richmond Virginian. (Richmond, Va.) 1910-1920, 1913-09-17
COUNSEL FOR THAW
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Judge Aldrich. A string of automo-
btles filed with summer sojourners
in the White mountains lined the
street around the courthouse TO the
hotel. The occupants were not merely
curious Observers but militant sym
pathizers Of Thaw. One elderly gen
tleman stood In tho tonneau Of q New
York automtbIe and clapping his
hands called out Good work. old
man. You have right on your side
and they will never get you back.
Thaw marched Ia the hotel bare
headed. His face Was perfectly inn
mobile. poce or twice he turned to
Sherman Drew and made some com
ment--that WIS all
He will be moved to Concord for
Governor Felkers hearing Some time
before Thursday, probably tomorrow.
Has Triumphant Trip.
The prisoner had a Triumphant trip
by train from Colebs oox To Littleton
this morning. The train stopped at
four stations en- route and at each one
there was q bowling mob OF persons.
Al Littletun tho crowd numbered sew
erel thousand. though the population
Of the town lis bat 5000.
During the proceedings in court
ThaN was seated between Moses
Gr0ssman and sheriff Drew. with cX-
Governor Stone. OF Pennsylvania, at
enc side There were nine lawyers
present ia his behalf and but three for
New York.
The room was jammed with people
while Tho street outside WIS blocked
with ara overflow that could not be
accommodated,
Thaw himself was even more i'm
passive than usual during the proceed
ings The proceedings began with
request b. Attorney Shurtlef for Thaw
that a suspension olF7 Adjournment he
granted Jerome was on his feet
moment later. In regard to that
be said We desire to interpose oh
lection ] wish not in any way to
challenge the good faith of counsel
hut feel constrained to say that In
nay Judgment this writ has been issued.
not SO much to enable his attorney to
present this court "a serious question
deserving ih.s courts attention. but
has pursued course which seems 10
be trifiHg with the process Of thts hon
oFable court
There is not even "a scintilla OF VITO
latten OF any right here. II is the
ordinary procedure"
w as Thaw held as a criminal Or as
an insane mani the Judge asked.
Mir. Jerome began 70 outline the en-
tir~ history Of the Thaw case. but the
court stopped him, saying that the
question AT issue was merely one of
due process.
Jerome and Judge Argue.
MIR Jerome was asked by the court II
he desired a hearing at once, and he
replied Yes"
MI Morris 81 Thaw's counsel. arose
10 repls TO Mr.. JerOmc's allegations.
We have been charged with had
faith" he said. Perhaps it is not
necessary for me to inform the court
thar we are not asking anything in
bad fallh We honestly desire a fun
and fair hearing for our client In this
court Al the same time we assure
the court that there is absolutely no
bad faith on our part"
Judge Aidfich then read an opinion
on Tnaws legal standing IA New
Hampshire. in which was summed UP
In the following paragraph
THE rights Of the State Of New
York are not Of such urgency as 10
Justify summary and precipitate action
here TN advance Of the usual and proper
course OF Interstate extradition pro-
ceedingA TIE novelty az the question
arises from the fact that II was started
al the instigati9n Of the New York
authorities under a process against
Thaw as an insane man. and the facts
Of criminalttT, according 70 their own
account Of It and their description OF
IT, is his escape from an Insane asylum
Whether such 81 insane person is IN
position 10 set up his escape as a crime
wsth'n the meaning OF the federal law
and constitution or the state cnnstitu-
ton ~ question II MIR Jerome has
come TO any conclusion on such a ques-
tton ne has done better than ! have"
Gsoieosg and Guiteau.
Mi Jerome lnterpoeed 20 state that
IN the cases Of Czolgosz. the assassin
of Mckinley. and Guiteau the slayer
Of Garfield, the questions were much
siniliar. whether an insane man could
commit crime. sud he pointed out
that the courts had decided In their,
cases that IL was possible. on the
ground that the person knew the ma
ture aud effect Of the act and that II
was wrong,
IF you stand upon the position that"
exiradttion is JuRtifabls, provided
Thaw was an Insane man. who COM
mitted criminal act al the time he
escaped from Mattea~an. you put a
qualification upon your position at
once the Judge replied
After come further discussion of the
merits OF the ease between the judge
and Jerome. this latter said;
ar the insanity issue Is brought up
In this court we certainly VIII be here