The Sentinel=record., 1913-09-24
COUNSEL SUBMITS ARGUMENTS IN NEW HAMPsHIRE's DUTY
 TOWARD HARRY K. THAW.
ARGUMENTS GROW BITTER
Governor Grants Attorneys Until Monday to File Additional Briets Jerome Accused of UIterjor Mo. tiVes in Prosecution.

OVuNNlu' N' fi'' sept. 23.-The duty or the state of New Hampsbire to. ward Harry K. Thaw was the snbiect or exhaustive argument before Gov. ernor Felker today.
 The legal battle in which Nvill;o,, TraYers Jerome. special deputy at. torney general of New York sta4o which seeks to obtain the extradition or ihaw as a fugitive from justice was pitted against three of .he fupi. uVes array of counsel, was dramatic at times and near the close came dangerously near to being personal
 To the charge that he had resorted 70 a subterfuge and was moved bv uFteflor motives in his determination 10 return Thaw to the Matteawan asylum for the insane. Jerome re. torted with unusual feeling that tho s-ate of New York would not permit its justice to be defeatetd bv the corrupt Use of Thaw money.
 AL the conclusion of the argu. ments the governor gave counsel uhtll Monday to file supplementary briefs, so his decision will not he hhown Tor week at least.
 seated beside the governor in the senate chamber of the capitol. where the hearing was held, was Attorney General Futile, by whose opinion the executive has said he will be guided.
 During Jerome's arguments new angles In the celebrated case de Veioped. One that appeared to take me opposing counsel by surprise was ms statement that Thaw is now mn. der indictment in Dutchess county charged with conspiracy to escape rom the insane asylum. Former Judge William NJ. Chase of New Hampshire and former Governor VII. nam S.one Of Pennsylvania, pleading TOT Ihaw, had emphasized the com mon belief that no bill had been iound against their client, and that accordingly there was no evidence Detore the governor that New York intended to place him on trial Jerome went further and gave his word that Thaw would he placed on trlal 1T returned to New York state.
 These assertions were coupled With the explanation that the re. turning of the indictment had been kept secret in order that evidence might be presented to the jury against "the instigator Of this plot, a man of more importance than any one yet mentioned in this proceed. iug."
 Judge Chase, in turn, suggested the idea that New York state had no right to confine Thaw. who, he said, was a citizen of Pennsylvania and should by right have been re- turned to that state when he was adjudged insane
 Governor Felker had announced tha. counsel would not be confined in their remarks but might shed all the light they could on the case. In opening, MT. Jerome contented him self with stating that the governor had no alternative to honoring the request of the New York authorities. He held that the only points to be determined were that Thaw was wanted, that he was in New York state when the alleged offense was committed, and the matter of his identity
 JuukE AlidbG lOitONtu NtNti ttlt t'A gument that Thaw was insane when he escaped from datteawan and therefore irresponsible. The charge of conspiracy had been trumped up, he said, for he purpose of returning rhaw to the asylum.
 Speaking in similar vein Gov ernor Stone declared that there was no law to punish a lunatic for escap- ing from an asylum, Both quoted at length from authorities.
 George F. Morris, the third oi Thaw's counsel. attacked the petition for extradition, saying 1t sought to do indirectly what its sponsors couiu not do directly. In the name or pup lie opinion and public sentiment, ne asked the governor to exercise broad discretion in dealing wi:h the case
 Mir. Jerome began his reply by say ing that while he had listened to many arguments in many trlDuhals he never had heard a more eStrdol dinary argument advanced than Una, of Mir. Morris, that in forced ant fraudulent public opinion the gov ernor of New Hampshire could ah' should find reason for an excuse for disregarding the petition for writ of extradition and for refuslhs to perform duty laid upon him D! the constitution of the United States
 He then quoted from decisions . the United States supreme court U show that the process of extraditioi covered every offense punlshaoie D. law, and that the certificate or th requesting governor was all the au thority as to the crime committed that was needed by the governo