The Hattiesburg news., 1913-09-24
1HAWS FATE WILL
NOT Be KNOWN
FOR WEEK
AT CONCLUSION OF ARGUMENT
GOVERNOR GIVES COUNSEL
ADDITIONAL TIME.
INDICTMENT RETURNED in N. Y.
Jerome Takes Defense by Surprise
When He Declares Fugitive Has
Been indicted-Deputy Attorney
General Accused Of Hounding.

Concord, N. H., Sept. 24.-The duty
of the state of New Hampshire toward
Harry Kendall Thaw was the subject
Of executive argument before Cover
nor Felker Tuesday.
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 resorted
to subterfuge and was moved by utter
rior motives in his determination to
return Thaw to the Matteawan Insane
Asylum, Jerome retorted with un-
usual 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, SO
his decision will 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 Jerome's argument new
angles in the celebrated case develop
ed. One that appeared to take the
opposing counsel by surprise was his
statement that Thaw is now under in
dictrHent in Dutchess county, charged
with conspiracy to escape from the in
sane asylum. Former Judge William
M. Chase, of New Hampshire, and
forrcr Governor William Stone, Of
Pennsylvania, pleading for Thaw, have
emphasized the commen belief that
no LII had been found against their
client, and that accordingly 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 if returned to New York state.
These assertions were coupled with
the explanation that the returning oi
the Indictment had been kept secret
In order that evidence might be pre-
sented to the jury against "the in
stigator of this plot, man of more
importance than anyone yet mention
ed in this proceeding"
Judge Chase. In return, suggested
the idea that New York state had nc
right to >confine Thaw. who, he said
was a citizen of Pennsylvania anc
should by right have been returned
to that state when he was adjudgee
insane.
4 Governor Felker had nanouncet
that counsel would not be confined
in their remarks. but might shed al
the light they could on the case. II
opening Mr.. Jerome contented him
self with stating that the governor
had no alternative to honoring the re
quest Of the New York authorities. HI
held that the only points to be de
termined were that Thaw was wanted
that he was in New York state wheI
the alleged offense was committed
and the matter of his identity.
Judge Chase followed with the ar
gument that Thaw was insane whel
he escaped from 'Matteawan ant
therefore irresponsible. The charg
of conspiracy had been trnmpeds ur
he said, for the purpose of returnini
Tbaw to the asylum.
Speaking in a similar vein, Cover
nor Stone declared that there was n
law % punish a lunatic for escapini
from an asylum. Both quoted a
length from authorities.
George F. Morris. the third o
Thaw's counsel, attacked the petitiol
for cxtradition, saying Il soo8Ht 4
do indirectly what its sponacr <oQl