The Richmond Virginian. (Richmond, Va.) 1910-1920, 1914-02-21
ARGUE NO CRIME
TO ESCAPE FROM
MATTEAWAN CELL
New York : Admission Re.
lieves Defense of Harry Thaw
From Much of Charge ct
Conspiracy.
Left of Indictment
Found in New York. IF Adj
jectives are Removed Ac-
cording to Ihaw S Counsel
Fear to Give Bail.

CONCORD, n. H., Feb. 2o.---im the u
United States court here today be-
fore Judge AldFich. 1--WE hours were
given to the discussion OF the habeas
corpus proceedings flied several
months ago OH behalf Of Harry X.
Thaw
The hearing aroused the usual pub
lie interest, many times the capacity
of the federal court room having APP
piled in vain, for admission to the
hearing.
In opening the case. former Cow
ernor William Stone, on behalf OF
Thaw considered the point regarding
whether or not there is substantially
a crime charged against Thaw. He
held that the place to look for such
charge was in the Indictment. where
according to law, it must be contained.
He would waste no time considering
the comfy among States but would
come right to the indictment for the
consideration of the crime charged.
! The defense had been reiived accord
/ ing to Judge Stone. In the admission OF
New York, that ii was not a crime to
+ escape from Matteawan, SO therefore,
the charge of conspiracy had been
virtually admitted not to constitute a
crime Counsel would admit that New
York did charge some things and CALI
ed them overt acts. but they were not
overt acts"
The court asked. What has been
done with the indictment in New
/ York %
Nothing" answered Judge Stone.
except to find it."
Let me answer" broken in Attor-
ney Jerome. who told of the arratgn-
ment and pleading of the several other
alleged conspirators.
Take the adjectiyes out of this in
i -tifettfiesat attti there rs nothing left OF
it," exclaimed Judge Stone. In aeehing
to show that no crime was substsn-
TALLY charged.
4 y don't think that you are critically
tcorrect," broke in Judge Aldrich. The
charge Is contained in another part OF
the warrant. and the indictment con-
| tains a description of the acts alleged
Judge Aldrch then endeavored to
differentiate between the act of escape
itself and the conspiracy to attempt an
escape. This together he held. consti-
/ tuted perversion and obstruction OF
justice. and would constitute a crime.
An extended discussion followed re-
garding the description of the ESCAPE
and Judge Stone held that nothing in
/ the indictment charges a substantial
crime.
bah Is Not Given.
Judge Stone charged the represents
atives of New York with bad faith.
which he termed as IAN unconscionahfo
act done toward the injury of another
The fact that the name of William E
{ Jerome was contained the back OF.
the indictment found against Thaw In
New York as witness was criticized
in most scathing terms by Judge stone.
II had rather have my name on
- Szf ATAv~p
York than on the back Of that in-s
dictment." Numbered Stone.
THE trial of Thaw for conspiracy
is a mere pretense, just so sure as
this writ is discharged back to Mat
| teawan he goes" asserted Judge
Stone.
Attorney George Morris followed
Governor Stone, his purpose being to-
close the case.
Mr.. Morris argument covered a.
period of two hours, and dealth very
exhaustively with legal technicalitie@
Just as adjournment was about to
be taken for the day Judge Aldrichs
brought up the question of admitting
Thaw to bail. which question was up
for discussion today, but had not been
touched upon by Thaws counsel.
4 The judges query brought Judge
Chase to his feet at once, and Others
of the Thaw counsel. They all con-
tended that there was nothing for
i Judge Aldrch to do but admit ThaW
to bail Judge Aldrich intimareu that
lanasmuch as the case was so soon to
pass within the jurisdiction of th0
United States Supreme court. II might
be well TO let the ball question pass
on to this court with the other guess
tons. as he might be overruled~ II q
decision was made by him. To this
tuggestion there was a general de-
murrer ny the Thaw lawyers who
eontended that Judge Aldrich was
thoroughly familiar with all aspects
of the case, and that there could be
no danger of his being overruled.