Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-09-23
REAL BATTLE TO
KEEP THAW FROM
NEW YORK NOW ON
Matteawan Fugitive Is Before
Governor Felker to Fight
ExtraditiOn.
ONCE MORE FACES HIS
OLD-TIME FOE, JEROME
If Decision Is Adverse, He Will
Appeal to United States
Court.

/
K. Thaw's real fight for freedom be-
gan today with the opening of the
extradition hearing by Governor Fell
ker.
Counsel on both sides realized that
the hour of legal sparring for tenn
porary advantage had passed and
that the outcome rested on the inter-
pretation of points of law regarding
which few, IL any, precedents had
been found.
i William Travers Jerome, grim and
silent, arrived just before daylight,
deputized by the State of New York
to obtain the surrender of Thaw as a
fugitive from Justice. He was ac-
companied by Franklin Kennedy, as
sistant attorney-general of New
York. They went from the train to
their apartments at the hotel where
Thaw is staying and remained in
seclusion.
Thaw's Counsel Confident.
! Counsel for the fugitive maint aimed
their confident attitude that Governor
Felker would not grant the extradi-
tion of a chance visitor, whose only
| offenSe was that he escaped from a
irresponsible.
Many disinterested lawyers held
that the case would go from the gov
ernor to the federal courts for final
determination.
The Senate chamber at the capitol,
where the hearing was called at II
o'clock, had been arranged for the
! convenience only of those directly
concerned in the case and the news
paper men.
Public Is Excluded.
The public was excluded except for
the admission of the executive coun-
Gil, the members of which were ac-
companied by their wives The coun-
Gil does not act with the executive
in the matter of extradition, but hap
| pened to be in session and was in
vited to the chamber.
Thaw was up early and had a final
conference with his attorneys before
arriving at the Senate chamber. He
was encouraged by the presence of
his mothers Mrs. Mary Copley Thaw,
who, with his brother, Josiah, came
here last night
A great crowd gathered outside the
capitol building an hour before the
proceedings began.
Thaw. in the custody of United
| States Marshall Mute and Sheriff
Drew, of Colebrook, and accompa-
MED by his mother and Josiah Thaw,
reached the State House Just before
the hearing opened.
There was no demonstration by the
| crowd as the party crossed the street
from the hotel and passed through
| the little park in front of the Capitol.
| As soon as the Capitol doors swung
behind Thaw the throng dwindled
| Governors wife Causes Delay.
! The proceeding was delayed until
! the arrival of Mrs. Felker, who en-
tered the chamber with the governor
and Attorney-General James P. Tut
| tie.
| In opening the hearing, Governor
| Felker said that he was Inclined to
hear whatever the lawyers had to
say, and without strict regard to
| legal technicalities.
! Thaw's counsel waived the reading
| of the petition for extradition and
Mr.. Jerome addressed the governor
| briefly. He declared that the docu-
ments asking for the extradition of
| Thaw spoke for themselves and there
was nothing for the executive to do
| but to honor them. If any attack
was to be made upon them 1t should
come from the other side.
Thaw's Lawyers Oppose.
Judge William M Chase, of coun-
| sci for Thaw, opened for the defense
| saying that he would be followed by
! former Governor Stone, of Pennsyl-
vania, and George F. Morris, of Lam
caster.
Judge Chase reading his argu-
ment. said in part
"Thaw, a resident of PITTSBURGH,
| Pa, is charged with conspiring to
escape from the asylum at Mattea-
wan. N. Y. No indictment has been
found against him, although grand
! jury of that county has been in ses-
| sion since September 8.
| Acting Governor Glynn has asked
| for the extradition of Thaw under the
| provision of the United States con-
| stitution covering 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 sat-
| isfied that this requisition Is issued
| In good faith and without any ul-
| terror motive. Extradition process
does not cover cases of insanity, but
only those of treason. felony and
! crime.
"You cannot surrender Thaw to
New York, Governor, simply because
he is a fugitive from Matteawan."
On this latter point Judge Chase
quoted at length from authorities.
He further stated that petition
seeking extradition for crime must
be supported by evidence of crime.
adding, ''unless sufficient evidence Is
introduced here to prove to your ex-
cellency that Thaw actually has COM
mitted the crime of conspiracy
charged against him then you should
not issue this extradition process.
Judge Chase stated that criminal
intent was the essence of crime.
Against criminal intent insanity was
a complete defense. Thaw took the
life of a man, he said, but was re-
garded as innocent of the crime, be-
cause his act was decided by a jury
to have been that of an insane mind.
He was thereafter confined in the
asylum at Matteawan until the al
legged act Of C onspiracy took place.
There is no decision" said the
judge, "of the courts making escape
of an insane person from an asylum
an extraditable offense. If Thaw, un-
aided, had escaped from Matteawan
ii Is not a crime. And as an insane
person he was not capable of enter
ing into a conspiracy to escape =