Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1913-09-18

have in the federal jurisdiction that an
insane man is held to criminal respon-
siblity. The most striking case in our
State was where a man conceded by the
district attorney to be insane was con-
victed of murder in the first degree and
put to death because 1t was held that
while he killed under an insane deluson,
the insane delusion was not one which,
II true. would Justify his acting.
The court-There is really no question
for further discussion. But I Will say
that counsel on both sides better examine
cases which involve indictments and trials
of issues of mental capacity and see how
far they apply to similar questions In
volved In extradition proceedings where
one State is asking another to exercise
It's authority for removal to another jur-
sdiction.
For the first time since his return to the
United States after his sudden deporta-
ton from Canada, Thaw was openly
cheered to-day Arriving early from Cole
brook, near where he was arrested last
week enthusiastic and sympathetic
crowds greeted him at the station. and
when he descended to Main street after
his court victory and was taken to his
hotel for dinner, hurrahs greeted him as
he passed,
THAN LAUGHS AT JEROME.
During the early part of the court pro-
ceedings. Thaw avoided the eyes OF Je-
rome. but when he saw that his old en-
envy was not pressing the attack that he
had outlined in that the writ had not
been obtained In good faith but as a
means Of delay. he raised his gaze to the
face of jerome, and when the latter
failed to put in evidence an affidavit of
newspaper writer to support the con-
tention that the Thaw lawyers We're
merely lparring- for time. the fugitive
laughed outright The only lawyer re-
naming with Thaw tonight was eX-
Governor William A. Stone of Pennsyl'
vania, acting as personal representative
of the Thaw family.
The court proceedings occupied an hour
and a half Thaws chief extradltion law
yers Moses Grossman and l.. J, Vorhaus
Of New York city. did not speak MERRILL
Shurtleff, one OF Thaw's New Hampshire
counsel, set forth that in view Of the i'm
pending hearing before the Governor the
petitioner did not care to urge his con-
stitutional rights, but desired continuance
Jerome was on his feet in an instant
81 desire to interpose objection to any
delay" no said. II move that this hear.
II ing proceed forthwith and that the wri
DO quashed. Examination of the return
VIII show that the questions raised in the
application are frivolous and raise nc
new question OF law or facts. There Is
no federal issue involved, and I feel con-
strained to say that this writ was OBJ
| tanned under circumstances which np
proach very near trfing with the court
7 have here an affidavit of Lindsay
Denn son. based on statements made by
loquacious counsel for the other side"
JUDGE CENSUREs ATTORNEY.
| You need not use that term loquacious
Mr.. JEROME" said the court severely.
II withdraw the remark" said
Jerome.
/ IT will say now" continued the
court that unless you have pretty
strong case | advise you to save the
trouble Of raising the issue of bad
faith"
Mr.. jerome sat down.
George Morris of Thaw's New
Hampshire lawyers then addressed the
court He said in brief that the writ
in Thaw's 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 ana the New
York authorities cared to remove the
| fugitive instantly.
Judge Aldrich then read his rescript
and in conclusion the court said that
| Thaw was subject to recommitment
to State authority, to be held to bail
or placed in the custody OF suitable
keepers. He recommended Marshal
Mute and Holman A, Drew, sheriff of
Coos county. as custolians and they
were selected. lie then began his col.
| loquy with Jerome