The citizen. (Honesdale, Pa.) 1908-1914, 1913-09-19
Fugitive Wins Big Fight In
United States Court.
JEROME ANGRY AT NEW MOVE
Latest Development Indicates Lack of
Federal and State Harmony--Hear-
ing Before Governor Feker
Necessarily Goes over
Until Tuesday.

Littleton, N H., Sept Hilary K.
rhaw, nearer freedom than he has
aver been since the day he was placed
IN the Tombs for killing Stanford
White, by remarkable turn of the
wheel OF fortune, placed William
rravers jerome, deputy attorney gen
sral of New York, In a position where
Jerome will have to prove that Thaw
is sane before he can get him extra
dited from the state of New Hamp-
shire. This situation resulted from
an order by Judge Aldrich, in the
United States district court. taken
upon Thaws habeas corpus proceed
ing. whereby he sought freedom from
the clutches of the New Hampshire
officials
No day was set for the resumption
Of the hearing, Judge Aldrich saying
that the delay would be "about a
week" In the meantime Thaw will
be under the guardianship of United
States Marshal Mute and Sheriff Drew
Of Colebrook. A day for reopening
the case will be selected by agreement
between Thaw's counsel and the at
torneys for New York state.
The court granted the postponement
at the request of Thaw's counsel and
against the protest of William Travers
Jerome, who declared that the only
MI Of bn 1-tit tn N w
out of the hands of the New York
state authorities in the event that Gov
ernor Felker orders the fugitive sent
out of the state.
Judge Aldrich took the case seriously.
He intimated that the question of
Thaw's sanity and the right and wrong
of his detention in Matteawan might
properly be raised in the United States
district court.
jerome Gets Postponement.
jerome got into telephone communi-
cation with Governor Felker and per-
suaded the governor to put off the
hearing on the Thaw eXtradition war
rant until next Tuesday. The hearing
was to have been held today. 1t be-
gan to look as though there was any
thing but harmony between the state
administration and the federal court.
While the court was giving the de-
cision on the habeas corpus postpone
ment, Thaw looked across the counsel
table and smiled broadly at jerome,
who clearly was nettled at the turn
the affair had taken and also by re-
marks made by Judge Aldrich when
Jerome raised his contention that the
habeas corpus writ was not sued out
in good faith.
After Jerome had offered the aff1-
davit of New York newspaper man
to show that Moses Grossman of
Thaw's counsel had given the impress
sion that the federal writ was desired
only as measure of delay, Judge
Aldrich asked:
do you intend to raise this question
formally? Unless you have good
case the question of good faith would
better not be raised"
Will Pass on Sanity.
Jerome then said he was willing to
uSNSpI lHG olllSLlClI VI NISOi &c Il IuOl
ris, one Of the Thaw lawyers, that the
writ was sought in good faith. Mr.
Norris said that he and his colleagues
carried the Thaw case to the federal
court in order that every phase of the
long contest might be properly re-
viewed, which, he said, had been i'm
possible in state courts. The hearing
on the writ, he said, would give op-
portunity to have United States court
pass finally on the question whether
Thaw was rightly or wrongly confined
in Matteawan.
The weeks delay, said Morris, was
asked because the argument would con
sumo more than day and Governor
Felker had set today for the extradi
ton hearing. Morris said also that the
Thaw lawyers had been unable to gel
a copy OF the New York requisition
Eerved on the governor.