South Bend news-times. (South Bend, Ind.) 1913-1938, 1914-04-14
Federal Judge AIdriCh Grants
Petition But Prisoner Will
Remain in Custody Until Su-
preme Court Passes on Case.
ATTORNEYS ARE SURE HE
WILL Be ALLOWED BAIL
Jerome Will Be Given Time to
Take Case to Nations High
est Tribunal for Final De-
CiSion.

| LITTLETON. y. H., April IL
, Harry X. Thaw has won his fight for
writ of habeas corpus. Federal
Judge Edgar Aldrich of the United
States district court Of New Hamp-
shire, handed down his decision today
on the petition Of Thaw asking that he
be discharged from the extradition
proceedings under which the state of
New York has been trying 10 force
Thaw's return to Matteawan.
The decision was in Thaw's favor.
/ The court grants the writ, but the
/ formal order will not be entered until
| the state of New York can appeal the
case to the United States supreme
court which will determine whether
| Thaw shall be admitted to bail.
| Thaws attorneys are confident that
| he will be freed on small cash bond.
The announcement of Judge AID
rich's decision has come as a surprise.
1t was expected that the decision
would be filed in Concord where Thaw
is. but Judge Aldrich saw fit TO do
| otherwise. He has been preparing the
decision for two weeks in Boston.
William Travers Jerome will come
at once from New York to argue the
1
a thirty-page printed document, dl-
rects that Thaw be held to give New
| York state ample time TO take any
steps desired.
Big Victory for Thaw.
Judge AIdrich's decision is a tre-
mendous victory for Thaw.
| Ii means that he has won his whole
| fight so far as victory is possible with
out a decision by the supreme court.
Thaw's fight in this state began last
| September when he was arrested at
| Colehrook, n H.. after being deported
from Canada. on September II he
was taken to Concord and there kept
under surveillance in the Eagle hotel
while his lawyers opened a hard fight
against his removal to Matteawan.
7 The attorneys were successful in Sc
| curing a writ of habeaS corpus and
when Governor Folk honored the
requisition papers issued in New York
state the case was automatically trans
| ferred to the federal courts.
Judge Aldrich appointed a commits
sion TO inquire into Thaw's sanity.
This commission decided that if Thaw
was insane he wGs not violent enough
/ to be a menace to the public. Thaw's s
| lawyers then fought to have their
client admitted 10 bail, but this was
just as vigorously opposed by William
| Travers Jerome, special deputy attor-
ney general for New York state. who
was appointed to combat Thaw's ef-
forts to escape an involuntary return
to Matteawan.
Net Effect of Order
Today's decision by Judge Aldrich
upholds the habeas corpus writ.
! The net effect Of the order of the
court is this:
! 1-Thaw is declared sane by the ac-
ton of the court approving the finding
| of the insanity commission, which re-
ported to the court.
2-Thaw is declared to be no
menace to New Hampshire.
3-Thaw Is declared to have the
right TO go free without extradition.
4-The entire finding is held in
allegiance until the supreme court of
the United States can pass upon the
| court decision.
5--In the meantime Thaw will re-
main in the custody Of the court. until
his lawyers can apply for bail at the
bar Of the highest court
Finding of Court.
In his main conclusion on the point
| Of Thaw's right TO remain in New
| Hampshire, the court says:
My conclusion is that the cOnsti-
tutional right of extradition for crime
does not reasonably apply itself TO
such a situation as this, where the
right Of control by the demanding
state resides in q decree of custody
| based upon insanity and where its
/ papers upon their face negative the
idea OF personal criminal responsible
/ ity.
1T results that an order will be
made sustaining the writ, and that the
petitioner be discharged from the ex-
tradition process under which he was
| held at the time his petition for habeas
corpus was brought upon unconstitu-
| tiOnal grounds.
1T has been understood from the
| beginning that whichever way this
case may be decided by me. il would
| be taken To the supreme court. There
| fore. no formal order will be made
! either sustaining the writ or discharg-
| ing the petitioner until the aggrieved
party has had an opportunity to perfect
an appeal When there is such readi-
| ness and when convenient to counsel
/ to have the proper appeal go into ef-
/ feet. the orders viii be made and the
discharge suspended by some appropri-
| ate order pending appeal"
PORT MONMOUTH. y. John