The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-04-14
HARRY THAW WINS.

Continued nom Page One,
In !. .desree Of. cp:tody based on In
their face negative the idea Of per-
eonal criminal responsibility. 1t -
further thought that 1t would involve
forced or fictional reasoning to make
q flight Of the character Of the one In
question the kind OF . flight oontsm-
plated by tho constitution a. : basis
for extradition.
1T results that an order viii BIO
made sustaining the writ and that the
petitioner b discharged from the ex-
tradition process under which he was
held at the time. His petition for
habeas corpus was brought on con-
stttutional grounds
1T has been understood from the
beginning that. which ever way this
case was decided by. me, It would be
fore. no formal order will be issued
either sustaining the writ or discharg-
ing the petitioner until the aggrieved
party has had an opportunity to per-
feet its appeal"
History OF tho Case.
When the slayer Of Stanford white
entered this state last September af-
ter his deportation from Canada, he
was arrested by the state authorities.
To prevent his extradition to New
York his attorneys petitioned for .
writ Of habeas corpus. this proceeding
automatically placing the case in fed
eral Jurisdiction and acting as a stay
to the extradition. which was granted
by Governor Felker.
Later the fugitive applied for adj
mission to bail on the ground that con-
spiracy to escape from the insane
asylum at Matteawan. the alleged Of
Tense on which extradition proceedings
were based, was bailable. Counsel for
New York state opposed the motion
for bail alleging that Thaw's mental
condition was such AZ to make his
freedom q menace to the public. Re-
for bail and the appointment and re-
port Of the commission on his mental
condition. tho court says:
His Right to Bail.
IT have no doubt Of the right Of the
court to grant bail under the circum-
stances Of this case: but as the Ques-
ton il an introductory one Of which
himself at any time and at any stage
Of the proceedings and as the case ~
about to go out Of the control Of this
court, and into the supreme court, ana
~ supreme court rule No. "a has an
important and perhaps a controlling
posed to leave the motion for bail UNI
determined, without prejudice"
The court says that the report Of the
commission, supplemented by his own
observation at the several hearings
satisfied him that any supposed dan
ger to the community through Thaw's
liberty was so remote a. not to war
rant his being deprived Of bail upon
II am not at all certain that am
not denying q plain right ana doine
the petitioner injustice. by leaving this
question undecided" he says.
State VIII Appeal.
Albany, April 14.-When Informed
Of the decision in tho Thaw case, At
torney General Carmody said:
1.-THE case will be taken at once to
the United States supreme court, on
the ground that Judge Aldrich had no
power whatever to grant writ Of
habeas corpus to Thaw.
"The question involved is one of ex-
|ecutive, not judicial Jurisdiction. The
governor of New Hampshire had
granted his warrant Of extradition.
ordering Thaw returned to New York
state. No court had the power to al
sumo Jurisdiction in the case. This
will be the contention Of New York
state on appeal"
May wait Untn Christmas.
Washington, April 14.-Only by
extraordinary steps can the Thaw
case be considered by the supreme
court before next October. a. the
court plans to suspend hearing on all
cases on Friday, April -. and hear
no more argument until October. un-
less some extraordinary occasion
should demand It. That probably
would mean that Thaw must remain
In custody at least until October.
Those best posted ON the courts pro-
cedure predict 1t may be Christmas
before the supreme court passes on
the case finally. Veteran observers Of
supreme court procedure, who looked
for presidents today, thought the
Porter Charlton case was the only ono
approaching q parallel but even 90,
they did not contend the cases were
alike. In the Charlton case, however.
the supreme court held there was no
right to inquire into the sanity of the
prisoner in an extradftton proceedinw.
It was pointed out, however. that the
Thaw case took on some different as
poets.