Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1914-12-12
NEW YORK STATE SEEKS
ExTRAD|T|ON0 OF THAW.
Request Taken Under Consideration
by L. s. Supreme Court After
Oral Arguments.
JUDGES ASK MANY QUESTIONS
Commonwealth Wants Matteawan
Fugitive to Answer Indictment
Charging Conspiracy to ObstIuct
Justice-Mother in Courtroom.

WASHINGTON. December 1.-THE
request of the State OF New York for
extradition OF Harry X. Thaw from
New hampshire to snswsr an Indict-
mcnt charging conspiracy TO obstruct
justice by escaping from Alatteawan
Asylum was taken under copsideration
day by the United states Supreme
Court after oral arguments.
Members Of the court asked rhaw's
attorneys many questions about vnri
ous points in their contentious. They
did not interrupt William Travers
Jerome. however. during his argument
that Thaw Was. a fugitive from justice.
nor challenge the argument OF Frank
lin Kennedy. deputy attorney general
which Thaw was committed to Mat
teawan after the killing OF Stanford
White WAS constitutional.
Chief Justice White asked his :first
question when Philander c. Knox,
former Secretary of state. appearing
for Thaw, argued that only those who
had committed crimes could be extra
dited. and that New York courts had
held in i've decisions that Thaw had
committed no crime because, he was
insane The Chief Justice suggested
suggested that a man might be do
clarcd insane one day and sane tho
next. Mr.. Knox replied that the pre-
sumption was that Thaw remained In
sane.
William A. Stone former Governor OF
Pennsylvania. was interrogated closely
by most of the Judges during his argu
ment that the indictment OF Thaw for
conspiracy vas not valid. The ques-
lions led Mr.. Stone to the position that
lie could not commit crime.
Does the indictment state Thnw is
insane?' inquired Justice McKenna.
1T says he was in an insane asylum"
Responded Mir. stone.
IF Thaw's automobile had broken
down on his journey, could he have
been indicted for stealing another?''
insisted the justice.
Not II the indictment set out he war
insane"
Justice Pitney suggested a person
might be in an insane asylum and yet
have lucid moments.
THE burden is on tie State TO ah6w
he had become zane" declared the at.
70!aey.
MOTHER OF THAN
HEARS ARGUMENTS
Mrs. william Thaw. mother of Harry
*. Tliaw. sat for three hours In tho
courtroom to-day listening to the ar
guments for and against her sons lib
erty. She leaned forward in her seat
as Mr.. Jerome. whom she has termed
,'her sons Nemesis" took his place
| as the chief of counsel against Thaw.
The courtroom was crowded with
spectators. and scores of lawyers oc.
cupied the seats reserved for the bar
aIrs. Thaw, attired in black. relieved
by touches OF white. was visibly ner-
vous. Several times as Mr.. Jerome at
tackled the brief hlei with the court
in Thaw's behalf by former Secretary
of State Knox, Mrs. Thaw evinced emo
ton. -
! Broad smiles dlspelled the judicial
| dignity OF the Justices when Mr.. Je-
rome gave somewhat dry and hu
morous account OF the litigation which
! has ensued since the murder of Stan
ford White and the flight of Thaw into
Canada. and subsequent happenings in
! Vermont and New Hampshire. Mr, Je-
rome became slightly confused in this
last part, and said Massachusetts,
| but was audibly corrected by the dep
uty attorney general of New York.
The decision will not be handed down
for several weeks AS the matter now
stands it appears likely that the court
will order Thaw's eXtradition to New
York for trial on conspiracy. but thnt
If he Is confined in Matteawan as a
lunatic and not tried oH.the conspiracy
charge. he can start new fight for
liberty by habeas corpus proceedings.