The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1914-12-24
\. K. THAW IS
ORDERED BACK
TO NEW YORK
UNANIMOUS DECISION BY U. s.
SUPREME COURT.
MAY BE RELEASED ON BAIL
Prisoners Mental Responsibility for
Conspiracy to Escape is Question
For State Court to Decide.
jerome Was Confident

Washington, Dec. 22.-The Supreme
| court of the United States ruled that
Harry Kendall Thaw must be deliv.
cred up to the state of New York to
be tried on the charge Of conspiracy
to break out of Matteawan insane
asylum, or be recommitted to the
asylum, or both. Thaw's fight for
liberty is therefore ended for the time
being. 6
Thaw is now in Manchester, N. H.
Some of the best legal talent in the
country has been fighting for months
| to prevent his extradition to New
York. Extradition was ordered by
the governor of New Hampshire, but
Federal District Judge Aldrich grant
ed Thaw a writ of habeas corpus. This
action of the court was reversed by
the Supreme court. ...a
Court's Decision Unanimous.
The decision of the court was unani-
nous and was read by Justice Holmes.
1t held that the writ Of habeas corpus
did not lie and sustained the conten.
| ton of William Travers Jerome at
every point. Thaw cannot be taken
back for 80 days under the decision.
Thirty days must elapse before the
courts mandate Is handed down and
he cannot be removed to New York
before that time.
state Must Make Next Move.
The next move in the case is for
the New York authorities to take. 1t
has been said that the state does not
intend to prosecute Thaw, but will re-
turn him at once to Matteawan. II
this is done Thaw will have grounds
for appeal to the federal court for q
writ of habeas corpus. This was indi-
Gated by Chief Justice White during
the arguments on the constitutionality
! OF the Thaw commitment week ago.
On the other hand If he Is prosecuted
for conspiracy the belief exists here
that he will likely get short sen.
tence and then go free.
May Return to Matteawan.
New York, Dec. 22.-Harry X. Thaw
must go back to Matteawan.
The unanimous decision OF the So
preme court Of the United States in
| the New Hampshire extradition pro-
ceedings orders the return of the
murderer of Stanford White to New
York on the indictment charging him
escape from the asylum on August
IL, 1918.
This puts the famous American liti-
CANT at the mercy Of the New York
state authorities, who may order him
| to trial on the indictment or dismiss
the indictment and hand Thaw over
to the superintendent OF Matteawan.
| The instant he crosses the boundary
line into the state of New York his
hands will be tied unless his resource
| full attorneys find another means Of
prolonging the battle for his liberia
ton
The state authorities had not made
up their minds at this time what &C
ton they would take.
| Jerome Confident Of Success.
A tentative plan of campaign has
already been laid out, however. For
mer District Attorney Jerome, who
has conducted the long fight against
Thaw, said:
81 expected nothing less. And ex-
peet nothing less now than the ulti-
mate return of Thaw to Matteawan."
will Thaw be tried on the con-
spiracy Indictment" he was asked.
That is a matter for the attorney
general to decide" he said. But |
assume he will deem 1t wise that
Thaw be tried inasmuch as he has
been extradited for the offense of con-
spiracy."
Can he then be admitted to bail?"
was asked.
"Of course" was the reply. But II
he is the superintendent Of Mattea-
wan will then present a detainer un.
der which Thaw will be taken to Mat
teawan as an insane man to await
his trial"
On the other hand, the law which
thus directs that Thaw be turned over
to his old captors, likewise gives him
q breathing spell in which to prepare
for what is ahead. He will at least
have his Christmas dinner In nominal
freedom. Beyond that the outlook is
dark.