The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1913-09-24
JEROME SAySTHAW
IS INDICTED FOR
CONSPIRACY
Intimates That He Is After
PIOtter Not Yet Mentioned
NEW HAMPSHIRE HEARING
Governor Felker Gives Counsel An
other Week in Which to File
Supplementary Briefs.

Concord n. H., Sept. 24.-The duty
of the state of New Hampshire cow
ard Harry Kendall Thaw was the sub
iect of exhaustive argument before
Gov. Felker yesterday. The legal
battle in which William T. Je"ome,
special deputy encouragement Of
New York state, which seeks to OBJ
tain eXtradition of Thaw as fugi-
tive from Justice, was pitted against
three of the fugitive's array of COM
sci, was dramatic at times and near
the close came dangerously near to
being personal.
To the charge that he had resort
ed to sub.e -fuge and was moved by
ulterior motives in his determination
to return Thaw to the Matteawan in
sane asylum, Jerome retorted with
unusual feeling that the state Of New
York would not permit its justice to
be defeated by the corrupt use OF
Thaw money. At the conclusion OF
the arguments the governor save
counsel until Monday to file supple
mentary briefs, so his decision viii
not be known for a week at least.
Seated beside the governor in the
Senate chamber of the capitol, where
the hearing was held, was Attorney
General Tuttle, by whose opinion the
executive has said he will be guided.
During Jeromes arguments new
angles in the celebrated case devel-
oped. One that appeared to take the
opposing counsel by surprise was his
statement that Thaw was now uhdet
indictment in Duchess c0mty,
charged with conspiracy to escape
from the insane asylum. Former
Judge William NJ. Chase of New
Hampshire and former Gov. William
A. Stone of Pennsylvania pleading
for Thaw. had emphasized the com
mon belief that no bill had been
found against their client, and that
accordingly there was no evidence
before the governor that New York
intended to place him on t-ial. Jer-
ONE went further and gave his word
that Thaw would be placed on trial
if returned to New York state.
These assertions were coupled with
the explanation that the returning of
the indictment had been kept secret
in order that evidence might De pre-
scented to the jury against "the iasti-
gate of this plot a man of more I'M
portance than anyone yet mentioned
in this proceeding"
If the grand jury of Duchess cOdn-
~. N. Y. has found an indictment
against Harry *. Thaw, as amLounc-
ed by Jerome, it has not been made
public at Poughkeepsie. n. y, nor
handed UP in any court. The district
attorneys Office explained yesterday
afternoon that the jury had maize no
report en- the case, and had adjourn
ed for two weeks. 1t was added that
it was possible, however, that an IN.
dictment had been found and kept
secret.
When the grand jury came into
court yesterday Foreman William
Dean, who appeared to be much per
turbed, informed Judge HasbrJuck
that the case they were considee-
ng'-presumably the Thaw case
was to be taken away from incn.
and given to the next grand jury
which he thought was not right. rs
they had been working hard on the
matter.
District Attorney Congcr told the
court that the case had not been iii
ished because all the witnesses de
sired could not be found at present.
The dist let attorney, however.
agreed TO a suggestion from Foreman
Dean that the grand jury adjourn for
two weeks, and after an absence of
half an hour. the jury returned to
court with a batch of indictments 3.
and with the information that they
had decided to adjourn for two weeks
and then finish the case
The court OF appeals at Montreal
yesterday upheld Charles DoSerty
minister of justice, in having seized
Harry X. Thaw at Coaticook and ic
ported him. Mr. Doherty. the courg
held. was entitled to ignore the wit
of habeas co-pus obtained by Thaw's
counsel TO prevent Thaw's depOria.
ton. In its decision the court al
ncunced that the writ had been ire.
gularly served. and granted the appii
cation Of the government authorities
10 have il squashed.