The Barre daily times. (Barre, Vt.) 1897-1959, 1913-10-20
Thaw's Attorneys File Sup
Elementary Brief with
Governor Felker
DEFECTIVE REQUISI-
TION is ALLEGATION
Therefore, They Urge That
Their Client Ought to
Be Released

| Concord, n. H., Oct. 20.--A supple
mentary brief on behalf of Harry X.
| Thaw was filed by his counsel with Gov,
Samuel u. Felker Saturday afternoon.
ut has now been nearly six weeks,
says the brief, that Thaw has been
detained upon arrest upon patiently
defective requisition petition, illegiti-
mately supported by the allegation of
an indictment which never existed and
I during all that time no Indictment has
| been obtained.
''We therefore, respectfully submit
that it is the duty nf the governor of
New Hampshire now to refuse the re-
QUESTION of New York for the extradi-
ton of Harry X. Thaw" Drew, Shurt-
left, Morris, Cakes, Martin and Howe or
counsel for Thaw, are the signers of
the document, In opening the brief
says: "Since the beginning of these pro-
eeedings vital question has been
whether the requisition for Thaw's ex-
tradition is made in good faith. The
practical form which the question takes
is whether the state of New York de-
mands the return of Thaw for the pur-
pose of trying him for conspiracy or
for the purpose OF reincarcerating him
in the Matteawan state hospital for the
insane If the latter purpose is that
which actuates New York, it is illegiti-
mate, and for the governor of New
Hampshire to honor the requisition
would be Illegal"
"The facts as to the attempt to in
dict Thaw are as follows continues the
brief: September Is, the evidence on
which it was sought to indict Thaw
and the five other alleged conspirators
was presented to the grand jury and
the grand jury voted TO act separately
on Thaw's case. There were II mem
bers of the grand jury present. A vote
was taken and there were 20 for indiet
ment, five against an indictment, and
two did not vote. Mr.. Conger, the dis
trict attorney, then advised the grand
jury that majority of the votes was
sufficient to indictment. The next day,
September 10, it was voted to recon
slider the Indictment of Thaw, and on
reconsideration it was voted by II mem
bers of the jury not to indict and by
five members of the jury to indict. The
grand jury then brought in a verdict
no BILL Then it was voted again to
ftCuuSiusE- lHe AihHu jury tHeH du-
iourned to September %, and adjourned
from September % to October 6, on
which date the court adjourned and the
jury was discharged.
'By reference to section 26S of the
New York code OF criminal procedure,
it will be seen that no indictment was
found by the first vote, there being but
10 iurymen who voted to indict, where
as the code requires that at least II
grand jurors vote to indict. at is there
fore perfectly clear that no indictment
for conspiracy has been found against
1haw in New York. The records OF
the grand jury are presumably open TO
Mr.. jerome and NJ. Conger and they
know or should know the requirements
OF section PCS of the code of criminal
procedure. 1t is open to the governor
of New Hampshire to make due in
quiry whether Thaw was indicted in
New York, and when the facts are as
eertained due weight should be given in
the vital question of the
good faith OF New York, to the fact |
that up to the present time there has
never been an indictment for conspiracy |
against Thaw in New York"
-----
Jack Sheridan, dean of the American !
league staff of umpires, will accompany |
the New York Giants and the White |
Sox on their trip arSnnd the world. |