Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-09-17

station and when he descended t.
Main street after his court victory
and was taken to his hotel fer dinner
he was cheered as he passed. Through
out the afternoon. motor cars blocked
the streets outside his quarters. an(
hundreds of pedestrians crowded the
sidewalks
| During the early part of the court
proceedings, Thaw avoided the eyes OF
Jerome, but when he saw that his old
enemy was not pressing the attack
that he had outlined, that the writ had
not been obtained in good faith, but
as q means of delay. he raised his
eyes to the face of Jerome. and when
the latter failed TO put in evidence an
affidavit of a newspaper writer to
support the contention that the ThaW
lawyers We're merely sparring for time,
the fugitive laughed outright. The only
| lawyer remaining with him, tonight,
was Ex-Governor William a. Stone of
| PENNSYLVANIA. acting as personal rep
resentative of the Thaw family.
| Littleton, y. H, Sept 16-The pro-
ceedings occupied an hour and a half
| Thaw's chief extradition lawyers
| Moses Grossman and L. j. Vorhaus of
New York City did not speak. They
| were reserved for the last and We're
not needed. as events transpired Mer-
Irill Shurtleff, one of Thaw's New
Hampshire counsel. opened the pro-
eeedings, setting forth that in view of
the impending hearing before Cover
nor. the petitioner did not care 10 urge
hi 4
continuance.
Jerome was on his feet in an in
Istant Il desire to interpose ohjec-
ton to any delay" he said. Il move
that this hearing proceed forthwith
and that the writ be quashed. Ex-
animation of the return will show that
the questions raised in the application
are frivolous and raise no new ques-
ton of law or fact There is no fed
eral issue involved and l feel con-
strained to say that this writ was OBJ
tanned under circumstances which APP
proach very near tri4ing with the
court. ! have here affidavit of Lind
say Dennison, based on statements
made by loquacious counsel for the
other side"
You need not use that word leaua
cious, Mr.. Jerome said the court
severely.
4 withdraw the remark said
Jerome
Il will say now" continued the
court, that unless you have pretty
strong case i advise you to save the
trouble of raising the issue of bad
faith"
Mr.. Jerome sat down.
George Morris of Thaws New
Hampshire lawyers addressed the
court. He said in brief that the writ
in Thaws behalf had been obtained
because, under the New Hampshire
statutes there was no recourse to the
courts in case the Governor honored
the extradition warrant and the New
York authorities cared to remove the
fugitive instantly.
I'VE will agree" said Jerome, rising.
that we will use no undue haste in re-
moving Thaw should his extradtion be
granted. We are willing and anxious to
proceed in a legal manner
do you wish to press this question OF
bad faith?" inquired the court,
Mr.. Jerome paused moment apd then
said that in view of the assurance from
the other side, he would let the matter
drop.
Then" said Judge Aldrich. 1.-The only
question to be decided is whether this
hearing shall go on or be suspended
With this he began reading his manu-
seripe In part it was as follows:
This proceeding does not expressly in
volve the proposed extradition hearing
before the state executive, yet it con-
Germs it indirectly in the sense If this
hearing should go forward and it should
be determined here that the process UNI
der which the petitioner is held is not a
eonstitutionally due process, and that the
| restraint is therefore Illegal, it would
| doubtless be contended that the result
| should be accepted as conclusive of the
| question of the right of extradition in
| the existing state process.
| 1.-THE rights of the state of New Hamp-
| shire are not of such urgency as to JUS
| tify summary and precipitate action here
| in advance of the usual and proper course
of interstate eXtradtion proceedings and
| the petitioner. having invoked federal
| protection for the purpose of saving his
| federal rights, yields to the idea of post
| pOnemefft OF TINS nearing to the end thai
| extradition proceedings may go forward
| TO the state executive in the ordinary and
| usual way. This is a perfectly proper
| course for counsel to pursue 1t is in
perfect harmony with our system of fed.
| eral and state inter-relations
Generally speaking the states have
| recognized the power of eXtradition as
efnanatng from federal source This Is
peculiarly in respect to New Hampshire
New Hampshire expressly recognize:
the laws of the United States as the
foundation for extradition.
| 1T is perfectly obvious that sole find
| ings of the executive or the state NIGH
be accepted as conclusive and bindins
upon both state and federal courts, ant
II is equally obvious that questions nigh
arise before the executive where its ac
ton would not be binding either, upoi
the questions as to what findings woult
be conclusive and what not conclusive
/ make no intimaton whatever.
Holding pendancy and control of thi
proceeding under suspension menace
neither the rights of the parties con
cerned nor of the state authorities. Sucl