The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-04-15
THAW WINS PARTIAL
YICTORYFOR FREEDOM
Gets Writ Of Habeas Corpus, but
Case Is Sent to L. 8.
Supreme Court.
NEW YORK WILL FIGHT on
New Hampshire Judge Leaves
Order for Release to High
est Tribunal.

CcScoRp. y. H.. April Hilary X.
rhaw won his fight for writ Of habeas
corpus by decision . Judge Edgar
Aldrich IN the United States District
Court to-day. but he does not get his
freedom.
: an agreement Of counsel the case
goes Immediately on appeal to the United
States Supreme Court, to which tribunal
Judge Aldrich leaves the question OF Is
suing an order for Thaw's release from
custody and fixing bail II II supports the
decision Of the lower court
Thaw Is now living at a Concord hotel
In charge of a United States m. shal.
Judge Aldrich's action makes 1t certain
that the famous prisoner will continue
In his present status until the highest
court decides whether he Is a criminal.
q 1unatic or a free citizen.
In his opinion Judge Aldrich refers at
length to the Importance Of the Thaw
case, saying that the extradition proceed
ting presents q new feature to American
Jurisprudence.
BLOW to Extradition.
MY conclusion" says Judge Aldrich.
on the petition for the writ. lis that the
constitutional right OF extradition for
crime does not reasonably apply itself to
such q situation as this. where the right
OF control by the demandin. State re-
sides IN a decree Of custody based upon
insanity and where its papers upon their
face ne gative the idea OF personal crimi-
nal responsibility.
cit results that an order will BE- made
sustaining the writ and that the petitioner
be discharged from the extradition proc
ess under which he was held at the time
Of his petition"
Judge Aldrich then says that II has
been understood from the beginning that
the case, whatever his decision might be.
would 60 TO the Supreme Court. That Is
the reason he made no formal order dis
charging the petitioner. When the appeal
II put into operation he will make some
appropriate order suspending the dis
charge pending the appeal
My reasoning about this case involves
no criticism upon the act OF Gov. Felker
In ordering extradition." says Judge AID
rich. explaining that a Governors right
- investigate and deal with Judicial and
constitutional cases Is limited.
Rail- Left Undetermined.
On the question OF bail he explains:
81 have no doubt of the right OF the
court to grant bal! under the clrcum-
stances of this case but as the question
is an interlocutory one. of which the Pc
titioner has the RICH. 10 avail himself Al,
any time and at any stage OF the proceed
ings and as the case y about TO go out
OF the control Of this court and into the
Supreme Court am disposed to leave the
motion FOR ball undetermined, without
prejudice.
81 am not Influenced at ali upon this
question by any fear that the community
would be In danger by giving the petit
toner liberty under bail because I accept
the report Of the commission as SUM-
GENTLY establishing non-dsngerous mental
condition"
Judge Aidrich adds that he is not sure
but what he is doing Tnaw an injustice
by leaving the question of bail unde-
cided.
William Trav-rs Jerome. special attor-
ney for New York state in the Thaw case,
said yesterday that the appeal to the Su-
PRIME Court would be made at once. At
torney-General Carmody at Albany said
tha same thing