Evening star., 1914-04-14
Case for Supreme Court Certainty.

Case for Supreme Court Certainty.
'.It has been understood from the be
ginning that whichever way this case
was decided by me it would be taken 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 oppor-
tunity to perfect it's appeal"
When the slayer of Stanford White en-
tered this state last September, after his
deportation from Canada. he was arrest
ed by the state authorities To prevent
his extradltion to New York his attor-
neys petitioned for writ OF habeas
corpus this proceeding automatically
placing the case in federal jurisdiction
and acting as a stay to the extradltion
which was granted by Gov Felker.
Later the fugitive applied for admis-
sion to bail on the ground that con-
spiracy to escape from the insane asylum
at Matteawan, the alleged offense on
which extradition proceedings were based,
was bailable. Counsel for New York
state opposed the motion for bail. alle2-
ing that Thaws mental condition was
such as to make his freedom a menace
to the public.
Reciting the facts as to Thaw's petit
ton for bail, and the appointmeR and
report of the commission upon his mem
tai condition, the court says
Right to Grant Bail Undoubted.
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 interocutory one OF which the
petitioner has the right to avail himself
at any time and at 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 "a has an important and per-
haps a controlling bearing upon the ques
ton, / am disposed to leave the motion
for bail undetermined. without preju-
dice"
commission. supplemented by his own OBJ
servation at the several hearings, salts
fled him that any supposed danger to
the community through Thaws liberty
was SO remote not to warrant his be-
ing deprived of bail upon that ground.
Il am not at all certain that | am not
denying a plain right and doing the pc
titioner an injustice by leaving this ques-
ton undecided he says.
ThaW's case the court finds to be that
of person sought to be eXtradited under
the constitution because he had fled from
guardianship custody based upon the
verdict of jury that he was insane.
The case is novel one, comments the
court. and requires the utmost caution,
as the power of extradition is exception
ally and extremely arbitrary and because
1t imposes itself upon personal liberty
and because heretofore neither in this
country nor in England has extradition
power been invoked for the return of
person fleeing from custody based upon
such a finding of insanity and such an
escape and flight"
New to Extradition Law.
right exists. Judge Aldrich rules, was
based solely upon the idea of insanity
and from the very nature of the case. in
describing the supposed extradition crime.
the demanding state itself, upon the face
of the papers, necessarily throws the
question of criminal responsibility into
the field of uncertainty and thus it at
once presents a question new to extra
dition law
Further on Judge Aldrich says: 1T is
strongly urged by counsel for the petit
tioner in this case that the real and sub
stantial purpose of the extradition sought
is not to punish the supposed misde-
meanor involved In the escape, but to Sc
cure return of the petitioner under ex-
tradition power upon d charge of crime,
for the ultimate purpose of reconfine-
ment at the Mattewan Hospital as an in
sane or dangerous person.
Il think the reasonable Interpretation
OF the entire proceeding, including the
statement of counsel, we expect to take
this man back; We expect to try him and
punish him for his crime; and when he
has taken his punishment for his crime
we expect to put him where he belongs
and where he will 1ot be a menace to the
public, is at least the sole purpose If not
| to punish for the supposed crime of con-
spiracy to escape from guardianship Gus
| tody."
| Nav Not Be Decided Before Xmas.
! Only by extraordinary steps can the
Thaw case be considered by the Supreme