Las Vegas optic. (East Las Vegas, N.M.) 1908-1921, 1913-11-08
GOES TO FEDERAL COURT
THE ESCAPED SLAYER'S HEARING
ON A WRIT OF HAREAs COR
Pus is NEXT
CONSPIRACY is CHARGED
MANS ATTORNEYS SAY INSANE
PERSON CANNOT BE GUILTY
OF SUCH oFFENsE

Concord, N. H., Nov S.-Goyernor
Felker today honored the requisitloa
OF the state of New York for the ex-
tradition of Harry X. Thaw. The
case is now transferred automatical-
ly to the federal courts. where writ
of habeas corpus on behalf of Thaw
is pending.
The governor based his decision on
the indictment returned against Thaw
in New York county, which charged
him with conspiracy to escape from
the insane asylum at Matteawan, N.
r., to which he was committed after
his second trial for the killing of
Stanford White.
Thaw made his sensational flight
on August II, and a few days later
was arrested near Coaticook, Can
ada.
Thaw's attorneys announced they
would Immediately file an amend
ment to their petition for a writ Of
habeas corpus, application for which
was made soon after Thaw was ar
rested in this state after his deporta-
zion from Canada The original PEI
tition was based on the allegation
that Thaw was indicted for conspir-
acy by the Duchess county grand jury
and it was suspended pending the
governors decision on the question Of
extradition.
Because the extradition has now
been granted on the strength of the
New York county Indictment, it will
be necessary to amend the petition
accordingly.
iii granting the extradition Governor
Felker said in part
BY the petition Of Governor Glynn
and the accompanying papers it ap-
pears that the grand inquest Of the
county of New York has duly return
ed into open court an Indictment
against Mr.. Thaw. That is sufficient
to warrant the arrest, arraignment and
trial OF the respondent, if he may be
found within the state wherein the
indictment is pending 1t is further
more sufficient to establish that Mr..
Thaw isif found in any state or
country while such Indictment is
pending fugitive from justice.
THE provisions Of the federal con
stitution and the acts Of congress en-
acted to give force and effect thereto
as construed by the court of last re-
sort on such matters, limit me to the
consideration Of the questions Cd
Whether the person demanded has
been substantially charged with a
crime, and (2) whether he is fugi-
tive from justice. such was the de-
cision of the supreme court Of the
United States in the most recent case
wherein a sister state demanded OF
New Hampshire the interstate rendi
tion Of a person within her border
(Muncy VS.. Clough, 1876 U. s. 's72, de
cided in 1s0s) In that case it was
decided by unanimous court that
the proceedings in matters. of this
kind before the governor are SUM
mary in their nature.
"The person demanded has no CON
stitutional right to be heard before
the governor on. either question and
the statute provides for none To hold
otherwise would in many cases render
the constitutional provision, as well
as the statute passed to carry it out,
wholly useless.
Il have nevertheless, owing to the
urgency Of the demands or mis- counsel
men in whose integrity / have con-
fidence and for whose opinion / enter
tain deep respect-given Mr.. Thaw
the fullest possible opportunity for
the expression Of their views With
profound respect, therefore. am un-
able to view my duty in the premises
as including an investigation Of Mr.