The chronicle=news., 1914-12-21
THAW MUST GO BACK
MED by putting hit in an asylum at
ter eXtraditing lin for conspiracy.

ny *. Thaw received without COM
ment today the announcement from
Washington that the supreme court
had reversed the decision of the fed
oral court in New Hampshire, which
refused to extradite him to New
York.
His secretary. speaking for him,
after manifestinS surprise, said:
MIR. Thuw has no comment to
make. Any statement regarding the
courts action will have to come from
his counsel, Phlander e. Knox, in
whom Mr.. Thaw has every conf
deuce"
Thaw received the news thru a
press dispatch. lie has been stopping
in this city for the past three months.
Washington, Dec. 21.-The SUI
preme court today reversed the re-
iusal of the federal court in New
Hampshire to extradite Harry X.
Thaw to New York. The effect of to-
days decision is to cause the extra
'ition of Thaw from New Hampshire
to New York nj once.
On August Il, 1913. Thaw escaped
from the Mattewan insant hospital
in New York, where he had been
confined, after two trials for the
killing of Stanford White. Charged
with Il conspiracy to escape. he WA
| finally arraigned in New Hampshire.
He was indicted in New York on that
charge and application ror his extra
lition was made to New Hampshire.
Extraction was ordered by the gov
ernor of New HAMPSHIRE. but on ha
beas corpus in the federal district
court Judge Aldrich held Thaw
should be released. ! ~hStlkEN
Justice Holmes announced tile
courts unanimous decision today.
He first overruled the contention
that it was not Il crime for Il MAJ.
confined In an insane asylum to walk
out if he could and that therefore a
conspiracy to do so was not crime.
ave do not regard it as open To
debate that the withdrawal by con-
EIvanCc If /; man from ar insane asy-
lam to which lie had been committed
As T..aw was. cid tend to obstruct
inc due administration of the law.
A. least the New York courts may so
charges Il CRIME. Il there is any re-
mote defect IN ,le earlier proceed
'ngs by which Thaw was committed,
which we are for from intimutins,
ti:at is not the time and place for
tina Gu".'r.', IA be tric';
Justice Fclmes said tie most ser.
ious argument.for Thaw was that i
y, were insane whcr he cortriNed tt
ssca.e. he could not b. gull. of a
crime: while. If he wers not insani
he was entitled to be discharged and
that his confinement and other fac.f
in the record require the sHDr"mr
curt to assume that he was Insane
But this is not Thaw's trial comment
I'd the Justice upon this line OF 'arsu
mcnt
In eXtradition proceedings even
| when as here humane opinion is af-
iordcd to test them upon habeis or
ous. the purpose of the writ is not 70
substitute the Judgment of another
| tribunal upon the facts or the law
of the matter to be tried.
The constitution saws rothins
about habcas corpus in this connec-
ton but peremptorily requires that
upon proper demand the person
charged shall be delivered up to be
removed to the state having juris-
diction of the crime. There is NO
discretion allowed, no INJURY into
motives. H-
| The technical su(ficlency of the
indictment is not open. And. even
| if it be true that the argument stated
offers nice question. it il Il question
as to the law OF New York which
| he New York courts must decide.
! The statute that declares an act
| done by lunatic not 4 crime, adds
! that n person is not excused from
criminal liability. except upon proof
that at the time he was laboring I'M
der such defect of reason as: Mot
to know the nature and quality of
| the act he was doing; or Not to
know that the act was wrong.
when as here the identity of the
person. the fact that he is Il fugitive
| from justice. the demand in due
form. the indictment by grand jury
| for what the governor " New York
alleges to be crime in that state,
and the reasonable possibility that
! ii may be such, all appear to constf-
tutional required surrender is not to
be interiered with by the summary
process of habeas corpus, upon specu-
lations as to what ought to be the
result of trial in the place where
the constitution provides for It's TAX
ing place.
We regard it as too clear for
lengthy discussion that Thaw should
be delivered ~ at once
Georgetown. n. H., Dec. H.
Thaw passed the summer at George
ham in the southern part of the
White Mountain section. During the
season he motored over most of the