South Bend news-times. (South Bend, Ind.) 1913-1938, 1914-12-21
United States Supreme Court
0iSmiSSeS HabeaS Corpus
Writ Granted in New Hamp-
shire and Slayer to Go Back.
HOLDS TRIAL OPTIONAL
WITH STATE OFFICIALS
Fugitive May be Tried for Con-
SpiraCy or be Placed in Mat
teawan PeremptOriIy Accord
ING to Justices Opinion.

( WASHINGTON. Dec. 21.-Harrv X.
Thaw's long fight to avoid extradition
TO New York from New HAMPSHIRE
where he is now in custody. has ended
in failure The supreme court OF the
United States decided today that the
eXtraditiOn proceedings which New
York instituted to bring about his re-
turn are valid and that legal pro
ceedings in the federal courts 20 pre-
vent his return must no longer stand
In the way.
The writ OF habeas corpus granted
him by Federal Judge Aldrich of New
Hampshire was dismissed
We regard it as too clear for
lengthy discussion that Thaw should
be delivered up at once, was the con-
cluding sentence of the courts opin-
ion.
Effective in 90 Days.
The mandate of the court becomes
effective at the end OF 90 days The
New York authorities may either put
him on trial for conspiracy with
others to escape from the Matteawan
insane asylum or they may peremp-
torily place him i'm the asylum itself
Under the decision Of the court this
choice is open 60 them
In his opinion Justice Holmes hatlv
decided Chat no constitutional bar
4
accused in one state of conspiracy
from taking refuge i'm another state
under the constitutional cloak of "a
habeas corpus proceeding. The jus
tice first took up the question of the
validity OF the New York Indictment
We de- not regard it as open 10 de-
Date that the Withdrawal OF con-
nivance Of a man from an insane asy-
lum TO which he has been committed
as Thaw was did tend 10 obstruct the
due administration of the law. At
least, the New York courts may so de
eide. Therefore the Indictment
charges crime III there is anv re
mote defect i'm the earlier proceedings
by which Thaw was committed which
We are barred from intimating this
Is not the time and place for that
question to be tried.
Thaw i a Fugitive.
If conspiracy constituted a crime
there is no doubt that Thaw is "a
fugitive from Justice. He was party
10 the crime in New York and after
wards left the state 10 long has
been established that for purposes of
eXtradition between the states it does
not matter what motive induced the
departure
The most serious argument for
Thaw was that if ne was insane when
he contrived his escape he could not
be guilty OF crime, said Justice
Holmes. while if he were not insane
he was entitled To be discharged. and
his confinement taken with other facts
of record require the court % assume
that ne was insane
Justice Holmes said that The reply
TO this argument was that this is
not Thaws triaL"
In eXtraditiOn proceedings even
when as here. humane opportunity
is afforded TO. test them upon habeas
purpose OF the writ is not To substi-
tute the judgment of another tribunal
upon the facts. or the law Of the mat
ter 10 be tried. The law says nothing
about habeas corpus In this cOnnec-
tion but peremptorily requires upon
proper demand. the person charged
shall be delivered up 90 the state hay-
ing Jurisdictico OF the crime. There
is no discretion allowed into the mo-
tives
Cannot Attack Indictment
THE technical suficiencv of the in-
dictment is not open. And even II it
be true that the argument stated Of
fers a nice question it is the question
as 20 the law Of necessity which the
New York courts must decide The
statute that declares an act done by
lunauc not Il crime adds that Il per-
son is not excused from criminal liza
bility except upon proof az that time
LHaf ne was LatDt4uE NUAtl 1AEn Nf-
fectiVe reason as.
Il Not TO know the nature AMI
quality OF the act what he is doing OF.
. Not TO know the act was wrong.
THE inmates of lunatic asylums are
largely governed. IL has been re-
marked. 10y appeal 10 the same mo-
tives that govern other men. and it
well might be thar a man who was
insane and dangerous. nevertheless In
many directions understood the ma
ture and quality 0f his acts as wen.
and as open TO Doe affected by the mo-
tlves OF the criminal law as anybody
else How far such considerations
shall be taken into account ir Is for
the New York courts 90 decide and
il is for a View York jury 10 determ-
inc whether az the moment of con-
spiracy. Thaw was insane iu such
sense as would make the fact "a tie
fense."
Justice Holmes concluded that the
question Of insanity therefore was
strictly one To be decided by the
courts OF New York. The decision ~
the federal court OF New Hampshire
was reversed with costs 90 Dee paid
by Thaw