Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-09-20
Many Governors Asked by
1haW'S Counsel II Such q
Precedent Exists
Attorneys for Fugitive Bring
Up fine Point for the
Thinking Men

New York, Sept. 19.-lnquiries are
being made through official sources
throughout the country, by counsel for
Harry X. Thaw, it was learned tonight,
to find If o precedent anywhere exists
for the action of the New York au-
thoritiess IN asking fDrsthe extradition
from New Hanipshireatof Thaw, the
insane man, on charge of crime.
Moses Grossman of Thaw's coun-
sci, in charge of the inquiry, declared
it had been the contention that ThaW
couldn't be extradited on criminal
charges and that an inquiry, which
nearly completed the governors OF all
The states, had more thanni convinced
him that the law and percedent are all
against such extraditiOn.
Never as far as ] can find," said
Grossman. has there been extradition
of an insane man charged with crime.
In fact, there never has before the
ThaW case, been an application in
such circumstances. All authorities
] have been able to reach agree on
this"
New York, Sept. l9.-Moses Fl.
Grossnan Of the counsel for Harry
Thaw, sent inquiries to every state
in the Union to find II a precedent
exists anywhere OF the action OF the,
New York authorities in asking ting
extraditi0A of Harry ThaM 81 Il Vi AZ "
HampshireS as All insane man on q
charge OF crime. Mr. Grossman said
MI I'm = @I,1,o
far have failed to show that an in.
sane man ever had been extradited
on crime charge. He added that
before the Thaw case there never has
been an application for extradition in
such circumstances.
The following was the telegram re-
ceived by the governor:
Hon. IL. Il. Hanna, Governor,
Bismarck, N. d. g.,
Has North Dakota ever applied for
or given extradition OF escaped luna
tic or insane percon charged with
crime? If SO, please give date and
particulars. Please wire answer i'm
nediately at cnr expense to House,
Gross,nan & vorllaus, No. lis Broad
way, New York City.
HOUSE, GROSSMAN e. VORHAUS.
And this was the reply:
House, Grossman &: Vorhaus.
No. 115 Broadway.
ii i 3iNew York City.
.&s> Your 5 telegram eighteenth NJ
such case in North Dakota's history
Insanity not extraditable Offense. See
section 1903 revised codes OF North
Dakota for 1906.
l.. B. HANNA,
Governor.
Following Is the section referred
to in the governors telegram:
Whenever any person shall be found
by the commissioner Of INSANITY to be
insane, and a fit subject for custody
and treatment in the hospital for the !
insane. and such person has no legal
residence within this state, such per-
son shall be sent, at the expense of
the stae, o the place where such per-
son belongs in every case where such
place of residence can be ascertained.
And it shall be the duty Of the com
missione:s of insanity at the Inquest
to ascertain the place where such per-
son belongs when the same can be con-
viently done. The sheriff of the coun-
ty shall convey such person to the
place where he belongs, and SHALL
charge the same fees for such service
as ne is now allowed by law for trans.
porting patients to the hospital for
the insane, which shall be paid out
of the state treasury.
81 +. Z 4 t : y q sa