Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-04-15
Judoe AIdrich's Opinion

Judge Aldrich's opinion containeo
more than 10000 words and discussed
exhaustively the various phases of the
case presented in the United States
court, concluding:
MY conclusion is that the consutu-
tional right of extradition for crime
does not reasonable apply to such
situation as this, where the right of
control by the demanding state re-
sides in a degree of custody based on
insanity, and where its papers upon
their face negative the idea OF per-
sonal criminal responsibility. 1t is
further thought that it would involve
forced or fictional reasoning TO make
a flight of the character of the one In
question the kind of flight contem-
plated by the constitution as a basis
for extradition. 1t results that an or
der will be made sustaining the writ
and that the petitioner be discharged
from the extraditicn process under
which he was held at the time his pc
tition for habeas corpus was brought
upon constitutional grounds.
1T has been understood from the be-
ginning that, whichever way this case
was decided by me, it would be TAX
en- to the supreme court Therefore,
no formal order will be made either
sustaining the writ or discharging the
petitioner until the aggrieved party
has had an opportunity to perfect its
appeal. When there is such readiness
and when convenient to counsel TO
have the operation of the appeal put
into effect, the orders win be made.
and the discharge suspended by some
appropriate order, pending the APP
peal.
MY reasoning about this case" said
Judge Aldrich, involves no criticism
upon the act of Governor Felker in or
dering the extradition" for the reasons
which he states.
Reciting the facts as to Thaw's petit
ton for bail and the appointment and
report of the commission upon his
mental condition, Judge Aldrich said,
II have no doubt of the right of the
court to grant bail under the circum-
stances of this case; but as the ques-
ton is an interlocutory one, of which
the petitioner has the right to avail
himself at anytime and al any stage of
the proceedings, and as the case Is
about to go out of the control of this
court and into the supreme court, and
as supreme court rule 81 has an i'm
portant and perhaps a controlling
bearing upon the question, l am dis
posed to leave the motion for bail I'M
determined, without prejudice"
Judge Aldrich said that the report
of the commission, supplemented by
my own observations of the man at
the several hearings" satisfied him as
to Thaw's mental condition, that any
supposed danger to the community
through liberty under bail is so re-
mote as not to warrant his being de-
prived of liberty on bail upon that
ground. ! am not at all GER
tain that I am not denying a plain
right, and doing the petitioner injus-
tice, by leaving this question undecid-
ed If such is the case. an opportunity
is open to him to seek redress from
the higher court before whom this case
will soon be pending"
Thaw's case, SO far as it appears IN
this Jurisdiction, Judge Aldrich found
to be that of a person sought to be
extradited under the constitution be-
cause he had fed from guardianship
custody based upon the verdict OF