New Britain herald., 1914-04-14
HADEAS CORPUS IS
 GRANTED TO THAI
Judge AdTich Uph0'ds Petition
 Stanford Whites Slayer.
CASE GOES TO SUPREME CoUI
Prisoner Will Not Be Admitted
 Bail Until Highest Court in t Country Renders It's Decision Various Phases of Case Discusst

Various Phases of Case Discusst Concord, N. H., April 14.-Har Kendall Thaw's petition for a W of habeas corpus twas granted
 Judge Edgar Aldrich of the Unit States district court today The cou said, however, that no order wou be issued for the prisoners dischar& from custody and arrangements In been completed to take the case the United States supreme court appeal.
 'Thaw's petition for admission bail the court left undetermined, ta ing the ground that it would be mo appropriate for this to be passf upon by the supreme court.
 Result of Decision.
 The result of the decision is tn | Thaw's guardianship and conditi will be unchanged for the pressed but that his petition for a writ l habeas corpus will go to the higheI court in the land with a decision the lower court in his favor.
 The decision filed with the clel of the court here makes more tba ten thousand words and discusses eI ! haustively the various phases of tlI case presented in the United Stat{ court, concluding:
 My conclusion is that the constI tutional right of extradition for crinI does not reasonably apply to such situation as this, where the right control by the demanding statute r( sides in a degree of custody basJI on insanity, and where its pape{ upon their face negative the idea personal criminal responsibility. 1t further thought that it would invol( forced or fictional reasoning to mad a flight of the character of the orI in question the kind Qf "a flight cod templated by the constitttion as basis for extradlition. <~s ~
 Order Will Be Made.
 Tt results that an order will r made sustaining the writ and that XII petitioner be discharged from the q , tradition process under which he wd held at the time his petition for nd beas corpus was brought upon cg1| stitutional grounds.
 Tt has been understood from .H beginning that, whichever way tf/ case was decided by me. it would q taken to the supreme court. Ther( fore, no formal order will be mad { either sustaining the writ or dischar{ ing the petitioner until the agGrieSl party has had an oppurtunity. !. perfect it's appeal"
 Petition Was Filed.
 When the slayer of Stanford W41I1 entered this state last Septcmbef a [ ter his deportation from Canada, q was arrested by the state authorificI To prevent his extradition to Nel York his attorneys petitioned for writ of habeas corpus. this proceed ing automatically placing the caeR federal Jurisdiction and acting as stay to the extradition which wd later granted by Governor Felker
 Later the fugitive applied for ad mission to bail on the ground tha conspiracy to escape from the insan, asylum at Matteawan was baflab1( Counsel for New York state oppose| motion for ball. alleging that Thawi mental condition was such as make his freedom a menace to th| public.
 Mental Condition Discussed.
 Reciting the facts as to Thaw1 petition for bail, and the appoinq ment and report of the commissiol upon his mental condition. the cou1| says:
 II have no doubt of the right q the court to grant bail under the cir| cumstances of this case; but as tli| question is an interlocutory one, q which the petitioner has the right q avail himself at any time and at an| stage of the proceedings. and as th| case is about to go out of the contrq of this court and into the suprem| court, and as upon the question, a4 disposed to leave the motion for ba1 undetermined without Jurisdiction"
 Danger Is Remote.
 The court says that the report 1 the commission, supplemented by hi| own observation at the several hene1 ings. satisfied him that any suppoge) danger to the community throuGI Thaw's liberty was so remote az no to warrant his being deprived of pa1 upon that ground
 "I am not at all certain that an not denying a plain right, and doin| the petitioner injustice, by leaving fn1 question undecided" he says.
 Thaw,s case the court finds to p| that of a person sought to be exfr7z dited under the constitution oecaus' oec he had fled from guardianship cnf tody based upon the Neraics oh tury that he was insane. ]. Utmost Caution Required.
 'The case is a novel one,v com ments the court, and requires th( utmost caution, as the power of ex tradition is exceptional and extremef, arbitrary, and because it imposes if self upon personal liberty, and. b< cause heretofore, neither fn 4hi country nor in England has oxfr< xt
 Acentinusd sn eecpn1 EnnoA