The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1913-09-27
IHlW HEARING HELD.
DECISION IN ExTRADITION PRO-
CEEDINGS DEFERRED.
Jerome Makes Hard Fight 10 Return
Prisoner for Trial I'm New York
Argument Becoms Personal at
Tlmes.

Concord. n. H., Sept. 23.-The duty
OF the state of New Hampshire to-
ward Harry X. Thaw was the subject
OF exhaustive argument before Gov.
Felker today.
The legal battle In which William
Travers Jerome. special deputy attor-
ney general Of New York State. which
seeks TO obtain the extradition of
Thaw as fugitive from justice. was
pitted against three Of the fugitives
array Of counsel. was dramatic at
times, and near the close came dan
gerously near to being personal.
To the charge that he had resort
ed to subtcrfuge and was moved by
ulterior motives I'm 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 gave counsel until Mon
day to file supplementary briefs. This
means his decision will not be known
for q week at least.
During Jerome's arguments new
angles I'm the celebrated casc develop
ed. One that appeared to take the
opposing counsel by surprise was his
statement that Thaw Is now under
indictment In Duchess county. charg-
cd with conspiracy to- escape from
the inmne asylum. Attorneys for
Thaw had emphasized the common
belief that no bill had been found
against their client and that there
was no evidence before the governor
that New York intended to place him
on trial.
Jerome went further and gave his
word that Thaw would be placed on
trial IL 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 be pre-
sented to the jury against 'the insti-
gator OF this plot. a man Of more i'm
portance than any one yet mentioned
In this proceeding"
Judge w. M. Chase, for the\ pris-
oner. argued that Thaw was insane
when he escaped from Matteawan and
therefore irresponsible. The charge
Of conspiracy had been trumped up
he iaid. for the purpose Of returning
Thaw to the asylum.
Speaking In a similar vein, Former
Gov. stone Of Pennsylvania declared
that there was no law to punish a
lunatic for escaping from an asylum.
Both quoted at length from authori-
ties.
George +. Morris. the third of
Thaw's counsel. attacked the petition
for extradition. saying II sought to do
indirectly what Its sponsors could not
do directly. In the name of public
opinion and public sentiment, he ask
ed the governor to exercise broad dis
cretton In dealing with the case.
Mr.. Jerome said that while he had
listened to many arguments in many
tribunals, he never had heard a more
extraordinary argument advanced
than that OF Mr.. Morris, that in a
forced and fraudulent public opinion
the governor OF New Hampshire could
and should find a reason for an excuse
fer disregarding the petition for
writ Of extradition and for refusing to
perform a duty laid upon him by the
constitution OF the United States.
He quoted from decisions Of the
United States supreme court to show
the process Of extradition covered
every offense punishable by law and
that the certificate OF the requesting
governor was all the authority as to
the crime committed that was needed
by the governor upon which the re-
quest was made.
Gov Stone. who followed. dwelt
upon the fact that the request for ex-
tradition was not accompanied by an
indictment. The requisition papers,
he said. did not comply with the re-
quirenents OF the State.
Gov. Stone concluded at l o'clock
and adjournment until o'clock was
taken
Gov. stone this afternoon asked
Tor time To file supplementary briefs
and was granted until Monday. The
nearing was then declared at an end.
In sharp reply to Mr.. Jerome
Gov. stone charged that the deputy
attorney general had bounded Thaw