Evening journal., 1914-12-21
new YORK State
Gets THAW AGAIN
Supreme Court Orders Fug-
tive Returned TO Answer
for Conspiracy
COUNSEL LOSES
ON MANY POINTS
Br NC United Press.


WASHINGTON. Dec. 21.-Harry X.
Thaw. slayer of Stanford White, today
lost his fight for liberty in the SUI
preme Court His extradition to New
York state from New Hampshire, fol-
lowing his escape from Matteawan
Asylum, was ordered by the court.
Thaw must stand trial for conspir-
acy to escape from Matteawan, for
which he was indicted in New York.
following his sensational fight to
Canada and thence to New Hampshire.
The high court reversed the decision
of Federal District Judge Aldrich, OF
New Hampshire, who granted Thaw
a writ Of habeas corpus.
Whether Thaw is returned to Mat
eawan depends upon the New York
authorities. His attorneys declare,
however, that II he is not tried on the
conspiracy charge or should attempts
be made to hold him as an alleged
lunatic in the asylum, another habeas
corpus proceeding will be brought
Nearly all of the points made by
Thaw's counsel, former Attorney
mer Governor Stone, of Pennsylvania,
we're overruled in the opinion, which
was handed down by Justice Holmes.
''Thaw was a fugitive from 1usticei
he was charged with a real crime and
II is for a jury Of the State or New
York after consideration of the laws
Of the State Of New York to deter
mine whether or not he was insane
at the time OF his act, and whether
he is guilty OF a crime against the
laws Of New York" said Justice
Holmes. "rhaw is not on trial here
1T has been alleged In the argu-
ments Of the attorneys for Thaw that
Il was no crime for man In an in
sane asylum In the State OF New YORK.
to walk out II he could do So" con-
tinued Justice Holmes. Therefore, II
was contended that il was no crime
to conspire to do this thing. But thai
does not necessarily follow. IL is moi
a crime for a person to withhold his
patronage from certain shop, but Il
a number of persons conspire togeth
er OF withhold their patronage from
that shop II becomes a conspiracy
punishable by law.
"Therefore we are obliged to hold that
ASYLUM. inasmuch as il did obstruct tn,
law, was a conspiracy for that purpose
and consequently the indictment OF
which the State of New York has sought
tc bring Thaw back to New York fol
trial. does charge a crime. We are als'
obliged to hold on the same theory thai
1haw is a fugitive from Justice.
ut has further been contended tina
a
any crime under the laws Of New Yorl
and If he is insane he should have bee
discharged. But the statutes requir
that it a supposedly insane person com
mits a crime, it is necessary for the de
Tense TO prove that he was insane at tn
actual moment of the overt act. 1t Ia
been held that person may be insane
and yet realize at the time of a Grim
that IL was a wrong act. Now, this D
not a trial OF Thaw. That must be de
cided under the laws of New York AM
by New York jury.
Furthermore, no discretion is Civ
en- in the law providing for eNtradi
ton. II plainly says that upon an in
dictment charging a crime beini
found, and proof of that submitted 4
the State to which the fugitive ha
fed, the fugitive must be SURRENDERED
to the demanding State. For this ant
other reasons we reverse the decision
Of the district court Of New Hamp
shire"
BY this decision Of the court. tn
scandal to the State Of New York" S
eloQuently dwelt upon in his argu
ment before the court by "Thaw
Nemesis" william Travers Jerom'
has been quieted from the Jerom
viewpoint During the arguments fol
mer Attorney General Knox bitterl
attacked jerome for this mention {
Thaw's millions ito defeat justice
the State OF New York"