Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-09-23
Arguments Before Governor OF
New Hampshire on Extra
dition Warrant.
LACK OF AN INDICTMENT
URGED BY THE DEFENSE
Lawyers for Fugitive Contend He Is
Not Subjected to Extra
dition Process.

CONCORD, n. H., September "a
Harry X. Thaw's real fight for freedom
began today with the opening of the
extradition hearing by Gov. Felker.
counsel for both sides realizing that the
hour of legal sparring for a temporary
advantage had passed and that the
outcome rested on the Interpretation
of points of laws regarding which few
IL any precedents had been found.
William Travers Jerome. grim and
deputized by the state of New York to
obtain the surrender of Thaw as
fugitive from justice. He was accom-
panied by Franklin Kennedy, assistant
attorney general Of New York. They
went from the train to their apart
ments at the hotel where Thaw is stay
ing and renamed in seclusion. Neither
would discuss the case.
Counsel for the fugitive maintained
their confident attitude that Gov. Felker
would not grant the extraaition of
chance visitor whose only Offense was
that he had escaped from q jurisdiction in
which he had been held as irresponsible.
Many dIsinterested lawyers held that the
case wound go from the ..overnor TO the
federal courts for finai determination
OGu0Ta1 Z LXCluOCus
The senate chamber at the capitol.
where the hearing was called at IL
o clock, had been arranged for the con-
venience only of those directly concerned
in the case and the newspaper men. The
puDnc was excluded except for the admis-
SION OF the executive council the men,
uers or wnicn We're accompanied py their
waves. Inc council does not acl Win the
executive In the matter OIL eXtrauiuon,
out Happened To be III session ana was in
vIted 10 the chamber.
Inaw was Up early and had n final
conference win hIs attorneys before ar
rIvlns at the senate cnamper. he was
encouraged Dy tine pa essence OF his motn-
er. Mrs. Mary Cop.ey 1naw, who with
MS Diolner 1osian came nere last nigu.
a "a eat crowd ea.nei ed outside the cap
iloi pulio.ns an nour before tne proceed
inSs Leoah.
No Demonstration for Thaw.
Thaw. in the custody Of United States
MA. snai NuIe anu snerlm Drew OF Cuie-
u,ook ANA accoinpanieo 10y mis- molner
sti,u JOSIAH Inaw. reached the sta.enouse
gust De4ofe the nearIns opened. Inc. q
Was no demonstralion by the crowd AS
Ine parry ctossea tne street from the
..vtei Anu pdssru Though the iIt..e Pa n
All front capitol As soon as the
,apiloI uoors swung beninu Inaw the
.nrVns OwInuieu.
Inc proceedings were delayed until
the aIIIVaI UI 3niS. eIher, VINO en-
lerea lnr cnaInucr with the governor
ana Attorney General James r. ultAe-
In openine IiediIn, GOV. feIncl
said tnaI ne vas lnciIneu to hedf
" nateser lne lawyers nau 10 say aiid
without street regard To legal techni-
caiities.
Inaws counsel waived the reading
of the petilion Ior extraditlOn and Ar.
jerome addressed the governor OrieHy.
tie declared tnat the documents ASK
ing Tor the eXtradltlon OF Tnaw spoke
tor themselves and there was nothing
FOR the executive to 90 but to honor
Them If any attack was to be mace
upon them II should come from the
otner side.
Judge william NJ. Chase of counsel
for Tnaw opened for the defense, say
ing that he would be followed by ex,
Gov Stone of Pennsylvania md
George f. Morris OF Lancaster.
Argues Against Extradition.
Judge Chase. reading his argument,
| said in part:
"Thaw, a resident Of Pittsburgh, Pa,
is charged with conspir.ng to escape
| from the asylum at Matteawan, n. Y.
No indictment has been found against
him, although a grand jury of that coun-
| ty has been in session since Septemoe. s..
| Acting Gov. Glynn has asked for the
| extradItion of Thaw under the provis.o
| of the United States Constitution cover
! ing such matters.
| If the request is To be granted, the
| government of New Hampshire must be
| satisfied that the request ought to be
/ granted.
You, the governor, must be satisfied
| this rQnuiaitfO.- 10 iSS1rod Unn6
faith and not with any Interior motive.
/ The extradition process does not cover
cases OF insanity, but only those Of trea-
! son. felony and crime.
| You cannot surrender Thaw to New
York, governor. simply because he is a
| fugitive from Matteawan."
! On this latter po.nt Judge Chase quoted
at length from authorities.
I He further stated that q petition seek
ing extradition for crime must be sup
/ ported by evidence of crime, adding,
..unless sufficient evidence is introduced
here to prove to your eXcellency that
Thaw actually has committed the crime
of conspiracy charged against him then
YOU should not issue this extradition proc
eSS."
Thaw Weeps in Court.
Thaw wept as his counsel pleaded with
Gov Felker not to surrender him to the
authorities Of New York. Seated only a
few feet from William Travers Jerome
Thaw seemed to folloV the argument
closely. but when his eyes were not
blinded by his handkerchief, they were
fixed intently on the face of the special
deputy attorney general of New York as
4 though the head of the oppos .ng counsel
was the man to be convinced. By his
side sat his mother and brother.
Counsel for Thaw occupied an hour anc
Il a half after which an adjournment unit
2 o'clock was taken.
This afternoon was given to Mr.. .Je.
rome to reply. Judge Chase and Gov
Stone declared that the petition for ex.
tradition was insufficient in form and un
sur ported by the necessary evidence. anc
that the state of New York hayins
through its courts declared Thaw insane
could not now request from New Hamn
shire his extradition for crime which h,
it's nature only a sane man could commit
This crime was conspiracy to escape from
the Matteawan Insane Asylum.
Thaw Greets Mother.
Thaw was Joined here last night by hi,
mother, Mrs. Mary Copley Thaw. and b,
hts hrother Josiah IT have coyna .