Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-09-28
Lawyers for Prisoner Puzzled by
Finding of True Bill Charging
Plot Against Client Held Legally
Insane in State Returning 1t.
Former District Attorney Declares
Proceedings Were Stopped in
Order to Get Man Higher Up in
Daring Escape From Matteawan.

CONCORD, n. H., Sept. 27-Hov
William Travers Jerome could bava
secured an Indictment against Harry
h. Thaw. legally insane man. for
conspiracy in plotting his escape from
Matteawan Is a question that is puz-
zling Thaw's lawyers to-day. Gov
ernor Felker's decision on the writ ~
eXtradition will be rendered next
Monday.
Meantime. it is predicted that tina
Indictment may help to save Tbav
from returning to Matteawan. since
In the opinion of many LAWYERS. be
can not be tried on the consniracv
charge unless he is sane, and IL he 8,
sane, he can not be returned to tia
asylum.
Jerome's announcement that a sc.
cret indictment had been found bv IN.
Grand Jury of Dutchess County. New
York, against Thaw did come as
oombshell TO his lawyers, however.
In explaining the Indictment ~
day, Jerome said:
The fact is that an indictment wa,
round and was signed. But befors
that indictment was filed a reoue,,
was preferred by the Attorney Cen
eral of the State Of New York
through me, that the Grand Jury sus.
pend further investigation until
could return frcm New Hampshira n
present to them evidence concerni,p
the instigator of this pIot-the n,n
higher up-a man Of more Importance
than any yet named in the proceed
ings.
Indictment Kept Secret.
III was after conference between
myself and one of the grand jurymen
appointed as a committee that the
entire matter was laid over, and that
is the history OF that"
The Indictment had been kent Ga
cret, said Mr. Jerome. in order to pre-
sent to the Dutchess County Grand
Jury evidence against THE instigato,.
a man OF more importance than anv
one yet mentioned in this proceed
ing The news demolished the plea
of the defense that - indictment az
listed on which extradition from Nev
Hampshire to New York could be de-
manded
Mr.. Jerome's argument followed
that of William Chase and George F.
Morris, who made long speeches TO
Governor Felller in opposition to the
eXtradition of the fugitive from the
Matteawan State Asylum.
Mr.. Chase recited that Thaw was
before the Governor charged with
conspiring to escape from Matteawan
although the Duchess County Grand
Jury had taken no action. The law
yers asserted New Hampshire could
not surrender Thaw merely because
h" was a fugitive from Matteawan.
Thaw Weeps at Hearing.
Thaw wept as his counsel pleaded
with Governor Felker not to surren-
der him to the New York authorities.
Mrs Thaw was by her sons side
throughout the hearing.
Against criminal intent, said NJ.
Chase, insanity is a complete defense.
The State OF New York has no
right to question the findings of its
own court that Thaw is an insane
person." he said. But It has charged
this insane person with the crimina,
act Of conspiracy, especially requir-
ing the exercise Of sanity
"Thaw was in Matteawan, not as
punishment for a crime, but as pro-
lection to the public against the acts
of an insane person.
There is no decision said Mr..
Chase, of the courts making escape
of an insane person from an asylum
an extraditable offense II Thaw,
unaided. has escaped from Mattea-
wan it is not a crime. And as an in
sane person he was not capable OF
entering into a conspiracy TO escape
Nor is there any testimony offered 10
show any participation on Thaw's
part in any plot for his escape.
THE real purpose of this proceed