Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1913-09-18
Any Adverse Action by Cover
nor of New Hampshire Sub
ject to Review.
FEDERAL JUDGE 50 RULES
Foundation Thus Laid by COun-
sci for Carrying Fugitive's
Case to the Supreme
Court.

Lttleton, n. r.. Sept 16.-Counsel for
Harry Kendall Thaw laid to-day the
foundation for plans to carry his case to
the Supreme Court OF the United States.
When the Governor of New Hampshire
passes on the matter of his extradition
to New York. ut the hearing to be held
at Concord on Tuesday next, the findings,
If adverse to Thaw. will he reviewed by
the United States district court, and
should decision against him then be
rendered successive appeals will be taken
until the case reaches the highest court
In the land
This was the Announcement. made by
tho Thaw lawyers tonight after the most
notable court victory for the fugitive.
either In Canada or in the United States.
since his escape from tho Matteawan asy
lum for the criminal insane early on
Sunday morning, August H. 1t was made
after hearing on a federal writ OF ha-
beas corpus obtained in Thaw's behalf
and invoking the 14th amendment to the
constitution mad been indefinitely sus-
pended until such time az counsel saw
fit to begin arguments after the extradt-
ernor.
Edgar Aldrich, United States judge FOR
the district Of New Hampshire, in decid-
Ing that Thaw had the right, in effect to
hold his habeas corpus writ in aoeyance'
explained in his rescript that this was the
petitioners privilege in that. should ne
be ordered extradited. at would stil be
open to federal authority to afford such
protection as the constitution and the
laws of the United States require
OPPOSING COUNSEL DEPART
Thaws jubilant counsel headed ny
Moses Grossman and l.. j. Norhaus of
New York left town tonight leaving their
client in the joint custody of the United
States marshal and Sheriff Drew of Coos
county not to return until the hearing
before the Governor Is called. Not long
after departed the head of the New
York state forces, William Travers Je-
rome, and with him Deputy Attorney
General Franklin Kennedy and Sheriff
Hornbeck of Duchess county. They will
come back for the hearing on Tuesday.
Thaw according to the understanding
tonight, will be taken to Concord In the
morning He was quartered in Thaycr
Hotel tonight feeling fine and predict
ing that the gates OF Matteawan would
never close behind him again.
MIR Jerome had little or nothing to say
"Thaw is tied up now with a federal
writ" he said. land there is no getting
around it. But the questions to be
decided by the Governor are simple and
We hope for victory"
Concluding his rescript to-day, Judge
Aldrch engaged Mr.. Jerome ~ informal
coloquy as regards Thaws status as an
insane man or a criminal. 1t was perhaps
the most interesting part Of the brief
court procedure.
NOVELTY OF THE PROPOSITION
"1t is nrohah,v onan to counsel for the
petitioner." said the court. ito raise cues
tions whether this New Yo,l, process
under which Thaw was held as an insane
nerson shculd become n part Of tho pro-
ceedinrs NJ iesuo ybother m, nrocass
under which he is held here Is duo
process. The novelty OF the situation. as
everybody must see results from the fact
mat he was held IN an institution IN New
| YORK as an insane person ana the otense
or crime upon which 1t Is sought to have
him cXtradited consists, according to
their own account of 1t, his escape from
| 49,
OF re" YORK holdlng ?etsoh as IN IN
sane person is IN position TO set up MS
escape as crime Wlthin 'he meaning OF
the tecHfal constitution ana or the state
|"ulhoriu's' Is question: II Noi nave
iouhu anything IN the DOCKS MI jerome
u" that quesuon you maze ""iie better
'hah nave IL seems TO me that II m
VoiVes novel proposition
Jerome understand " 10 ne the
rule as laid down in the Czoisosr case
ana inc paltcau case tha' II person
! knew the nature and quahty or the
act anu that II was wrong ~ ana not
matter whether he was sane or NOT.
Ihe court-There results the novelty.
| don't intimate anything one way or
the other abous IT, but you seemed TO
aeSu'ic at 'he outset mat the cues
.o"s We'o ehtTeiy clear aoht
'"'"h '"cS "re'
JEROME THINKS DOOR CLOSED.
Jerome--I think on the argument
will be able to show your honor de-
cisions of the federal courts in extra
! dition that the door is closed to your
honors investigation of these ques-
TONS.
Ihe court wish IL to be under