Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-11-08
THAW FIGHT FOR
FREEDOM FAILS;
IS EXTRAD|TED
Governor of New Hampshire
Grants New York States De-
mand for Fugitive.
CASE NOW GOES TO
UNITED STATES COURT
Habeas Corpus Writ Obtained
Before Hearing Now in Eff
fect--Escaped August II.


CONCORD. n. n Nov. s.-Gov-
ernor Felker today honored tire reuui-
sition of the State of New York for
the eXtradition of Harry X. Thaw.
The case is now transferred auto
matically to the federal courts, where
a., a writ of naneas 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 es-
cape from the insane asylum at Mat
teawan, n. ", to which he was COM
mitted after his second trial for the
killing of Stanford White.
Thaw made his sensational fight on
August II, and a few days later was
arrested near CoaticooS, Canada
Thaw's attorneys announced that
they would Immediately file an
amendment to their petition for a
writ of habeas corpus, application for
which was made soon after Thaw
was arrested in this State following
his deportation from Canada.
NThe original petition was based on
the allegation that Thaw was indicted
for conspiracy by the Duchess coun-
ty grand jury and it was suspended
pending the governors decision upon
the matter OF extradition. Because
the extradition has now been granted
on the strength of the New York
county Indictment it will be neces-
sary to amend the petition accord
ingly
lThaw was not present when Gov
ernor Felker announced his decision
to the attorneys representing the flu
gitive and the State of New York at
+l,n 41I Ia xrrt11 in, bnr.
the custody of United States Marshal
Mute and Sheriff Drew pending the
federal proceedings.
In granting the eXtradition. Gov
ernor Felker said in part.
"By theIbetition of Governor Glynn
and the accompanying papers, 1t APP
/ pears that the grand inquest of the
county of New York has duly re-
/ turned into open court an indictment
against Mr. Thaw, That is sufficient
/ to warrant the arrest. ,drraignment
and trial of the respondent. if he may
be found within the State, wherein
! the indictment is pending. It is.
furthermore. sufficient 60 establish
that Mr.. Thaw is--if foand in any
/ State or country while such indict-
ment is pending-a fugitive from jus
tice.
1.-The provisions of the federal con-
stitution and the acts of Congress en-
acted to give force and effect thereto.
4 as construed by the court of last re-
sort upon such matters, limit me to
the consideration of the question a.
! Whether the person demanded has
| been substantially charged with az
] crime, and (2) whether he is fugitive
from justice. Such was the decision
OF the Supreme Court of the United
States in the most recent case
wherein a sister State demanded OF
I New Hampshire the interstate rem
dition of q person within her border
4 (Muncy VS.. Clough, 1886 L. S. 372, de-
! cided in 1909. In that case it was
decided by unanimous court that
the proceedings in matters of this kind
| before the governor are summary in
their nature. The person de-
manded has no constitutional right to
/ be heard before the governor on
| either question, and the statute pro-
vides for none. To hold otherwise
would in many cases render the con-
stitutional provisions as well as the
statute passed to carry it out, wholly
useless
Il have, nevertheless, owing to the
urgency of the demands of his coun-
sel--men in whose integrity / have
confidence and for whose opinions /
entertain deep respect-given Mr..
Thaw the fullest possible opportunity
for the expression of their views.
WiLtf~profound respect, therefore. 1
am unable to view my duty in the
premises as Including an investiga-
tion of Mrs Thaw's mental condition
or of the counsel for the State of New
York or of the probable guilt or inno-
cence of the accused"
ITO do so would hardly be consist
ent with the mandatory provision of
the constitution that person
charged in any State with treason,
felony or other crime. who shall be
found in another State, shall on the
demand of the executive authority
of the State from which he fled be
delivered up.
ut would Furthermore involve an
attempted supervision by myself over
procedure of courts of another State
in manner beyond the power of
such State to control. Such course
would, likewise, involve an inquiry
into the motives of the authorities
of the demanding State. Any one of
those would manifestly lead to the
virtual suspension and eventual null
lification of provisions of the Federal
Constitution.
II have and shall continue to as
sumo that the course of the State of
New York does and will demonstrate
full appreciation of the dictates of
fair play and righteous and equal
administration of Justice"
> The governor said that by the rules
of practise in extradition cases, pre-
pared by the interstate extradition
conference at New York in 1887 and
adopted by the States, a prisoner in
The position of Thaw was given such
opportunity. to sue out a writ of
habeas corpus as is prescribed by
the laws of this State or by the fed
eral law.
Such procedure, he continued,
affords Mr., phaw an ample remedy
before tribunal having jurisdiction
of such extraordinary remedies with
the power to issue final process for
carrying it's judgments into effect"
The governor made public an opin-
ion from Attorney General James p.
Tuttle. advising him to grant the
requisition on the ground that "by
this course any possibility of ulti
mate error is excluded and all con-
stitutional rights of the individual
and all constitutional obligations of
the State strictly maintained"
Death Rate Increase