Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-11-08
GOVERNOR FELkER GRANTS NEW
Works. APPLICATION FOR Ex.
TRADITION OF FUGITIVE.
THAW LAWYERS APPLY
FOR HABEAs CORPUS WRIT
Garry Controversy to Federal Court in
Effort to Prevent Return 20 New
York-Govsrnor Fslksr Holds Thaw
10 Fugitive From New York-Ne
Power 20 Pass on Mental Issue.

Felker TODAY honored the reQulsltlon Oh
the state Of New York for the extra
dition Of Harry X. Thaw. The case
is now transferred automatically to the
federal courts. where q writ OF habeas
corpus on behalf OF Thaw is now pend
Ing.
The governor based his decision on
the indictment Of New York county.
which charged Thaw with conspiracy to
escape from the insane asylum to
which he was committed after his SEQ
ond trial for killing Stanford White.
Thaw made his flight on Aug. II.
and few days later was arrested
near Coaticook. Canada
Holds Thaw 10 Fugitive.
In granting the extradition Governor
Felker said In part:
by the petition Of Governor Glynn
and the accompanying papers 1t APP
pears that the grand jury OF New YORK
has returned in open court an indict-
ment against Mr.. Thaw. That Is suf-
flcient to warrant the arrest. arraign-
ment and trial Of the respondent. 1t
Is furthermore sufficient to establish
If Mr., Thaw--if found in any state or
country while such an indictment Is
pending q fugitive from Justice. the
provisions Of the federal constitution
and the acts Of congress enacted to
give force and effect thereto as con.
strued by the court Of last resort on
such matters limit mo to the con-
sideration OF the question a.. whether
the person demanded has been sub
stantially charged with a crime. and
(2) whether he is q fugitive from JUS
tice. Such was the decision OF the
supreme court OF the United States In
the, recent case wherein q sister state
de1nan nded OF New Hampshire the In
terstato extradition Of a person within
her border (Munsey versus Clough.
1876, U. s., 372. decided In 1903). In
that case 1t was decided by q un-
enimous court that such proceedings
are summary In their nature The
person demanded has no constitutional
right to be heard before the governor
on either question and the statute
provides for none. To hold otherwise
renders the constitutional provision
wholly useless.
Can't Pass on Mental Condition.
Il have nevertheless. owing to tho
urgency OF the demands Of his counsel
men In whose integrity I have con-
fdence and for whose opinions en-
tertain deep respect-glyen Mr.. Thaw
the fullest possible opportunity for the
expression OF their views. With re-
spect therefor am unable to view my
duty in the premises as including on
investigation Of Mr.. Thaw's mental
condition or for the counsel of the
state Of New York or Of the probable
innocence or guilt Of the accused"
Amendment to Writ Filed.
Thaw's attorneys announced they
would file an amendment to their petit
ton for q writ Of habeas corpus. appli-
cation for which was made soon after
Thaw's arrest In this state. The orig
inal petition was based OF the allega.
ton that Thaw was indicted by the
Duchess county grand jury for con-
spiracy, and 1t was suspended pending
the governors decision.
Because the extradition has been
granted ON the strength OF the New
York county Indictment It will be nee
cssary to amend the petition accord
tngly.
Thaw was not present when the de-
cision was announced He will re-
main here in custody Of United States
Marshal Mute and Sheriff Drew pend
ing the proceedings