The chronicle=news., 1913-11-08
TnAw ORDERED
REMOVED TO n. Y.

Concord. y. H., Nov. Governor
Fcikcr today honorcd the rcuuisition
oi the state OF New York for the
cNtradition Of Harry n. Thaw. The
east Is now transferred automaticai-
~ tn the federal courts where n
writ oI hnbeas corpus On behaif ot
Thaw u pending.
The governor based his decision
On the Indictment returned against
charged him with conspiracy to es-
cape fromthe insane asylum Matt"a-
wan to which h. was committed
after his second trial for the killing
OF stanford white. Thnw mad. his
sensational flight on August 4. and
u few days later was arrested near
Coati,Ook. Canada.
Thaw'E attorneys announced they
would Immediately file an amend
mcnt to their petition for writ OF
habcas corpus. Application for which
was mad. soOn after Thsw was ar.
rested In this state after his d.por-
tation from Canada. Thc original
petition WAS based ON the allegation
that Tnaw WIS indicted for con-
spiracy by the Dutrh-ss county
grand Jury and II WAS suspended
pending the governors decision on
the question oi cNtradition.
B.cause til. .xtraditIon has now
brcn granted on the strength Of tn"
New York Indictment. II will he
necessary to amend the petition ac-|
cordingiy.
In granting tn. cNtradit,on. Gov
crnor FciL-r said In part:
"ny the petition Of Governor
Giyun and tn. arcompan,in. papers.
u appears that III. grand inquest
Of III. county of New York has duly
returned into open court an inhi'i-
mcnt agalnr, Mr. Thaw. That is
sufficient To warrant tn. arrest, AR
raignm-nt aud trial Of the rcspond-
cnt. II Il. may lie found within the
state wherein the indictment II
pending I, Ia furthcrnor" sufti-
ci.nt Ia establish that Mr.. Tnaw is-l
II found In any state or country
while such indictment IL p.nding-a
fuvitiy. from Justice.
The prov yision. of III" federal
constitution and tho ucts of con ngr'~s
enacted to give force AMI effect
thereto NJ construed by the court of
last resort ON such matters. limit
me to the confederation OF tn" qu"s-
tions ~ whether III. person de-
mandcd has been Substantially
charged with u crime. and. on
Whether he is "a fugiiiv. from pus-
tic.. Such WAS the decision of the
supreme court OF the United states
in the most recent ease. wherein "a
shire the interstate rendition OF a.
pe.son within her borders r. MuncyI
vs. Ciough. IL: 4. s.. 3i:: decided
in Iso3I. In that ease II was de-
gilsG by u uhahtU1puf CourN '"'' NV
proceedings In matters OF this kind
between tn. governors are personal
in their nature. The person demand
ed has no constitutional right to he
heard bcfor. the governor on either
u,,cstions. aud statutes provide for
none. To hold otherwise would in
many eases render the constitutional
provision. as we'll asfhc statute passed
to carry II out. wholly useless.
II have. nevertheless. owing TO
the urgency oi the demands OF MS
counsel-men In whose integrity !
nave confidence ana FOR whose opin-
ions entertain deep respect given
Mr.. Thaw the fullest possible oppor-
tuuity Tor the expression OF his
views. with profound respect. there
fore. | am unable to view my duty
in the premises as including an in
ycs,igation OF MIR Thaw's mental
condition. or OF the counsel for tho
stute OF New York. or OF the prob
able guilt or innocenc" of the nc-
, cuscd."