Pine Bluff daily graphic., 1914-12-22
THAW MUST GO
 BACK 10 GOTHAM

DAuh lU uUIHAM
 CONTINUED FROM rAan ONE, will serve out the sentence as is inn posed up him, whereupCn the detainer (Consistlng of his original commit ment to Matteawan), having been filed against him at his place of imprison- ment, he will be taken into custody as soon as his sentence has expired, and once more placed in Matteawan." Washington, Ie'. 21.- Harry K. Flaw lost his fis,rt today in the su- pIt me court of tle United States against being extra. tied from New Hampshire to New York. In de- clslon written by Justice Holmes, the l unanimous decision of the court. it was held that the p1isoner should be tuned over at once to the New York tEorities to answer an indictment charging conspiracy to escape from Mstteawan asylum for the criminal i.is ane.
 Whether his escape from the asy- l'nn while, as his counsel contended, he was insane, constituted crime, and ether questi ,ne were discussed by tne court with tha comment that they could not enter into habeas corpus proc eedings and that they were que5- t.Gns for New Yo":l state to decide.
 Actually the celebrated Thaw case - the killing of .5tanford White-was not before the supreme court. Merely the question of returning Thaw on tl,e conspiracy indictment was up for decision.
 What other moY"s if any were cren to prevent Tlaw's return to New York those fami ar with the legal proc edure were at d loss 10 forecast. To those who have followed the case, it seemed as if the fight against eX- tradition were lost.
 Justice Holmes announced the courts unanimous decision. He first overruled the contention that it was not a crime for man confined i'll an irs ane asylum to W1lk out if he could a1G that, therefore. a conspiracy to do So was not crime.
 "We do not reg I'd it as open to de- bate that the withdrawal, by connlV- snce, of a man from an insane asylum 10 which he had been committed as Traw was did tad to obstruct the cue administration of the law. Al least the New Yort, courts may so de c.0e. Therefore the indictment charges a crime. ie there is any re- mote defect in the earlier procesdlns< by which Thaw was committed Whlcl we are far from minimizing this ls Iot the time and place for that que5- ton to be tried
 Justice Holmes said the most ser ou: argument for ThaW was that Il he were insane wn-n he contrlved hls escape he could not be guilty Of ] cr,me: while if he were not insane he was entitled to 3e discharged ah( 1T al his confinement and other facts ii, the record requ red the supreme ce lrt to assume that he was insane.
 "But this is not rhaw's trial' com mented the justice upon the line o1 sisument. "In aAtradition proceed' ings. even when. as here, an oppor' tunitv is afforded tc test them uno' habeas corpus, the purpose of the VIII is not to substitute the judgment o7 auother tribunal up,.n the facts or the law of the matter to be tried Ihe constitution says nothing aDou Eabeas corpus in this connection nu' peremptorily requires that, uhdel proper demand, the person charged shall be delivered ID to be removed to the state having jurisdiction of the c;.,me. There is no discretion allow e, no inquiry into motives.
 | Without Precedent.
 The latest chapter in the neve' erding Thaw case which culmlnateo with the decision of the supreme court today, dealt more in intricate questions of law and less in melo- drama and sensation than any prev ious chapter in the story ot Iha" The supreme court was called upon to say whether Thaw could be eNtr2- dited from New Hampshire to New York on the demand that he be re turned to the latter state to face trlal or an indictment returned against ] him and charging conspiracy Ill con- nection with his escape from rhe l Nattewan insane asylum on August 17, 1913. L.,
 The precise legal question raised by the attempt of New York state to ex- tradite Thaw, according to Federal Judge Aldrich of New Hampshire who granted Thaw's application for wrlt of babeas in the district court 'of New Hampshire, was without precedent n ! either the annals of English or Aemf- fear jurisprudence. From the decls- ion of Judge Aldrich in Thaws favor | the case had been appealed to the supreme court, it having been under stood from the beginning of the pro ceedings that whichever side lost in Judge Aldrich's court an appeal 1 would be taken to the highest court.
 These proceedings really started 1 with the escape of Thaw from the l Ntstteawan asylum to which he had been committed by the Supreme court