The evening world. [volume] (New York, N.Y.) 1887-1931, 1914-01-12

% inclined TO say that We clearly nav,
me right to arrest him IL he returns 10
| this state. ~
Judge Asdrich has sientfsd A,s de.
s're Tor An oral argument on the ba i.
beas corpus proceedings after he has
considered the briefs OF New York
STATE and OF Thaw's council. aha #,
OF course 20 to Concord II the judge
osstrss to hear me.
Thsrs are just four questions 20 b.
decided: F1rst. II Thaw charged with
cfimsf Second. Has the state of New
fofx made proper rsQuisition upon the
Stafe OF New Hampshire and has the
state OF New Hampshire granted the
fenoddon OF ThAw In proper form.
INFd. 10 ThAw . fugitive from justlcsY
Fourth. Have the proceedings been con-
sistent with the Constitution of the
United States and the Revised Statutes
xovsrnins exuaditioo between the
Slater
SAYS COMMISSION TOOK ONLY
TRAVIS EVIDENCE.
The printed record Of the proceedings
In the habeas corpus proceeding piled up
on Mr. Jeroms's desk would make =
volume two Inches thick II bound to.
gsthsr. Thaw's lawyers have yet 10 sub.
NIT thAr BRIEF
The commission. according to Mr.. Js-
rome. took only Thaw's own evidence
- to his mental state. ....
They threw out" he said, 'vhe ev,-
denco offered by Thaw during his first
and second trials ~ to his insanity.
They took In his statements end the
evidence In his favor submitted at the
three hearings to establish his sanity.
They left out OF consideration that .
lunatic with hxed deiuatons harbou no
rsssotment against new acqusintances
such - Sheriff Drew and Marshal
Knute." ''.
Don you fear Thaw a. . personal
menace II he 10 At larger" Mr.. Jerome
vas asked.
II do not think Thaw has any longer
. personal srudGe against me-" said
MI. Jerome. "lIe always watches me,
but In q gloomy. sorrowfui way. He
regards me ~ . man on q desert Island
regards starvation. I Mink. or - .
mariner regards . terrific hurricane
Hh feeling toward me 10 quite impsr.
sonaa. But let him mix up, - ! said,
with nrs. Flint or Hamiitoa. or Evelyn
Thaw or Delaney Nicoli (who was
Stanford whites lawyer. AMI Il would
be very different story. perhaps"
Mr.. Jerome said that the verdict Of the
comm'ssion did not have the slightest
legal bearing on the status Of Thaw ~
zane or Insane except for it, moral or
ethical influence on the mind OF the
Judge ~ 10 the ability Of Thaw to know
whether he was doing an illegal thing
In oonspiring to Get out Of Mattsawan.
OSBORNE SAYS DoN0oMAN
WILL Dc KEEPER.
James w. Osborne said that 10 admit
Thaw to bail would practically mean
giving him his freedom with his bonds
man ~ HI keeper.
His bondsman could 90 anywhere In
the country and get him and surrsnder
him TO the Federal Court which had re-
leased him." explained Mr.. Osborns.
but II Thaw. while out on bail. should
succeed In getting away to Europe.
which believe he would try to do.
then his bondsmsn would DO powerisss.
The bond would be forfeited. but there
would be no way Of sxtraditing hlSn.
III Thaw should come into New York
state he probably would BE- arrested
His bondsman could then take out .
writ Of habeas corpus. or . friend Of
his might do II. The writ would DO
Sustained ~ against any state commit
ment. the process Of the Federal courts
| being supreme.
New York state. In my oplnion. would
have no more right to hold rhaw than
any other State. II tho United States
District Court In New Hampshire want
ed him It could reach out its hand and
get HIN. NO matter what any particular
State wanted him for. hut rhAw prob
ably would move toward Europe II he
could get away from his bondsman and.
once there. he would be safe