The Bridgeport evening farmer., 1914-12-21
THAW LOSES
 LONG FIGHT
U. S. Supreme Court Over rules New Hampshire Federal Court s Refusal to Extradite Must Be Re- turned at Once.
Prisoner Refuses to Make Any Comment On Ruling
 Supreme Court Unani- nous Tn Deciding New York Courts Must Act.

York Courts Must Act.
 Washington. Dec. 21-IIarry K. Thaw lost his light today in the supreme ra,,rt Of the United States against be- ing e,ctradited from the state of New 44ananshire to the state Of New York.
 Tn a. brief decision Of Justice Holmes. with the unanimous opinion or pho court it was held that the prisoner ,i,o41le1 he turned over at once to t1e ehr- york authorities to answer an 1n- ssiftn1ent charging conspiracy to es- me from Nattewan Asylum for the Criminal Insane
 Whether his escape from the asyiuHl l while, as his counsel contendeds s ns was insane, constituted a crime, ana s,tT,er questions, the court dismissed kkfffl the comment thatsthey could snoL enter d habeas corpus proceeding and that they were proper questlons TOT the state of New York to decloe-
 Actually the celebrated Thatw case t41e killing of Stanfdxd White-was not before the supreme court Merely the 1t,estion Of returning Thaw on the con spiraey indictment was up for decls- what other moves, if any, were open tos Thaw,s counsel to prevent his re- filrn to the state where he was twice fried and had made many futile efforts to besreieased those familiar with the legal procedure were at loss to fore east.
 To those who had followed the case 6F seemed that the light against re- Earning to New York was lost and that nothing remained but for the sllerlT of Coos county, N. IF, to. turn 1faaW over to New York officers on the ex- New Hampshire but stayed by the de- cision of Justice LAIdrich, which was. reversed today
 Thaw may, however. remain in New Hanz4s1azT,e fer 90 q ays EaaeHs his sss-= torneys consent to his reIn07Af sooner. This results from the fact that the mandate of the supreme court carry ing out it's decision is not issued until 80 day. from today, unless the at torneys for both sides join in request ing an earlier Issue of the order
 On August IT, 1913, ThaW escaped from the sAIatteawan Insane Hospital in New York, where he had been con- fined after tive trials for the murder. of Stanford White Charged with a. conspiracy to escape, he was finally arrested fn New Hampshire. He was. Indicted in New York on that charge and application for his extradftion was made to New Hampshire. Extra dftion was ordered by the Governor of New Hampshires' but on habeas corr pus proceedings in the Federal dis 5 should be released.
 Justice Holmes announced the eourt'a .unanimous decision today. He first overruled the contention that it was not a crime for a man confined dn an insane asylum to walk out if he could. and that, therefore, a conspir- acy to do so was not a crime.
 We do not regard it as open to de-. bate that the withdrawal by conni-' vance Of a man from an insane asy- .s,-1-f4 led, Thaw was. did tend to. obstfuet# the due administration of the law. At least the New York courts may so de- ode Therefore the indictment charges a crime. If there is any re- mote defect in the earlier proceedings we are far from Estimating, this is not the time and place for that ques- ldion to be tried P
 Justice Holmes said the most seri- ous argument for Thaw was that if he were insane when he contrived his escape he could not be guilty of crimes while. if he were not insane he was entitled to be discharged, and khat his confinement and other facts 9n the record required the Supreme Court to assume that he was insane.
 But this Is not Thaw's trial com pnented the Justice on the line of ar- gument.
 In extradit1on proceedings, even when, as here, @ humane opuorfunifv 9s afforded to test them on habeas corpus. the purpose Of the writ is not Hossubstitute the judgment of another tribunal upon the facts or the law of the matter to be tried
 The ConsHtution says nothing about habeas corpus in this connec- tion, but peremptoriIy requires thai upon proper demand, the uerso,, charged shall be delivered up to Tle removed to the State having itJrisf7ff fion Of the crime. There is no dfscre adon allowed, no inquiry into motives.
 The technical suf7iciency of the in f7tctEnent is not open. And. even if it be true that the argument stated Of GerB nice question, it is a question as to the law of New York. which the nTew York courts must decide.
 The statute that declares an act Hone by a. 1unatic not a crime adds that person is not excused from criminal liability except on proof that at the time he was la)boring under such defect of reason as: l. Not to Know the nature and quality of the that the act was wrong
 The Inmates of the lunatic asyII1ms are largely governed. it has been re- marked by appeal to the same mo- lives that govern other men. and it well might be that a man who was in same and dangerous ney ertheless in zfi any directions understood the nature and quality of his acts as we'll and was as open to be affected by the mo- dives of the criminal law as anybody else.
 How far such consid era tions shall .sse taken into account itis fozs the