Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1913-11-08
THAW IS HANDED
OVER TO THE
GOVERNMENT
Governor of New Hampshire
Honors Extradition Writ
for New York Degenerate
Passing Him on to Federal
Courts.

lBy Leased Wire 60 Evening herald. !
Concord. ~ IT.. Nov. s.-~ciovernot
Folkcr today honored the requlsltion
of tho state of New York for the cx-
tradition of Harry Is. Thaw. The
case is now transferred automatically
Ia the federal courts. where a writ
OF habeas corpus on behalf Of Thaw
IL pending.
Tho Novcrnnr based hts decision on
tho Indictment returned against rhaw
in New York county, which charged
him with conspiracy to escape from
the insane asylum "a Matteawnn. New
York, 90 which he was committed
after his second trial Tor the killing
of stanford white. Thaw made his
sensational flight on August and a
few days later was arrested near
Coatlconks Canada.
rhaw's attorneys announced they
would immediately file an amend
mcnt 20 their petition for writ Of
haheas corpus. application Tor which
was made soon after Thaw was ar
rested IN this skate after hls aeporta
tlon from Canada. The nrialmal pe-
tition was based on the Allegation
that Thaw was indicted for conspir-
acy By the Dutchcsa county grand
jury. and il was suspended pending
the governors decision on the ques-
iion of cxtraditlou. Because the cx.
tradition has now hcen granted on
the strength OF the New York county
indictment it viii be necessary 70
amend the petition accordingly.
IN granting the oxtradltion, Cover
nor Felker said in part.
"iiy ,he petition Of Governor glynu
ana the accompanying papers, II APP
pears that the grand inquest OF tho
county of Sew YORK has duly return
ed into open court an Indictment
against Mr. Thaw That is sufficient
Go warrant arrest. nrraignment and
trial OF tho respondent. if he may ht
found Within the state wherein The ln.
dicimont is pending. n Is further.
more sufficient 60 establish thnt Mr.
! Thaw is--if sDund 81 ans state oi
county while such Indictment s. pend.
ing-a fugitive from Justice.
7rhe provisions OF tho federal con.
stitution and The nets ~ congress an.
acted 90 Give force and effcct thereto
+ as construed hy tho court of lass re-
sort on such mgttcrs. limit me 10 IN,
consideration Of tho questions. Cil
! Whether the person demanded ha'
/ been substantially charged with
crime, and CD Whether no IL a fug
tive from Justice. such WAS thc de-
cision uf the supreme court of "a.
, United states In the most recent cas.
wherein "a sister state demanded o
New Hampshire the Interstate rendi
ton of O person within her border
Mnncy Vs. Cloush i8e L $. 8Tg. ae
cided In l90al IA that case Il wal
decided by "A unanimous court ika
the proceedings in matters of thl
kind before the governor are sum
mary IN their nature The person de
mandrd has NO constitutional right q
h0 heard before the Novcrn0r oi
either question ANA the statute pro
yidcs for none TO hold otherwisl
would Ia many cases render the con
stitutional provision az Well az th
statute passed 20 carry Il out. who'll,
useless
~ have nevertheless. owing 10 IN
urgency of the demands of his coun
sola-mcn ln whose integrity { havi
confidence and for whose opinions
onteriain decp rcspert--glvcn as
Thaw the fullest possible opportunlt,
for the expression OF ;helr yiowi
With profound respect, therefore.
am unable TO View my duty In ih
premises as Including an Investigation
Of Mr. Thaws mental condition. or q
the counsel for the state of Nog
York, of tho probable guilt or inno
Coneo of the accused"