The Barre daily times. (Barre, Vt.) 1897-1959, 1914-02-23
Decision on Extradition Ii
Due in Twenty
Days
JEROME HARKS
BACK TO STUARTS
Following Appeal from Al
drich's Decision, Case Will
Go to Supreme Court

Concord, n. H., Feb. 23.-The last
hearing in United States court for the
district of New Hampshire in the mat
ter of Harry X. Thaw was concluded
here Saturday, William I. Jerome hay
ing spoken for an hour and half in
opposition to Thaw's petition for writ
of habeas corpus and for admission to
bail Mr.. Jerome asked for permission
to file supplementary briefs and was Civ
EN- 10 days to do so. Thaw's counsel
will reply 10 days thereafter. Judge
Aldrich then will render his decision and
an appeal will be taken Immediately by
one side or the other to the supreme
court of the United States Pending
Judge Aldrichs decision, Thaw viii re-
main at Concord in the same custody
as for the past six months.
The new brief will have to do with
the question OF the absolute or discre-
tionary right of Thaw to bail and wheth-
er he had lost that right by electlng
to use the process of habeas corpus.
The court directed that the further ques-
tion of the right to bail OF non danger
GUS man under habeas corpus proceed
ings be discussed. Mr.. jerome, reply
ing to the arguments made Friday by
counsel for the petitioner, insisted that
the indictment from New York charging
Thaw with conspiracy to escape from
the insane asylum at Matteawan was
entirely adequate for the purpose of ex-
tradition and quoted authorities.
1t was returned, he said, on the Illegal
purpose of the alleged conspiracy and
the criminality charge rested in the al
legged conspiracy and not in the means
employed to complete it. That criminal
purpose was clearly and sufficiently de-
scribed in the indictment, he said. This
was in reply to former Gov. Stone of
Pennsylvania, who, pleading for Thaw,
had said that his client had simply
walked away from the insane asylum
and had not committed any overt act
or crime in so doing.
Mr.. Jerome went back to the days OF
the Stuarts in England and to the Aaron
Burr conspiracy TO find parallels. The
Thaw indictment was drawn, he con-
tinued, by an authority on the subject,
a man who had drawn indictments for
10 years without having one quashed on
demurrer. "0ur charge" he said, lis
that the minds of the men named in the
met in conspiracy for the per
Torrance of an act in obstruction and
perversion OF justice" Replying to a
question by Judge Aldrich, Mr.. jerome
said that the criminal purpose of the
was to obstruct justice by
the carrying out of Judge
Dowling's order for the commitment to
Of the slayer of Stanford
White.
The attorney said that the further
of the court-that the ques-
ion of whether extradition proceedings |
we're a proper process when the relations |
IF guardian and ward were involved. /
lad not previously occurred to him. and /
lsked that he be given until Nednes- !
lay to file supplementary brief on this /
,oint. Judge Aldrich granted the re- /
luest, and at the same time emphasized /
he Importance which this phase OF the .
ase had assumed in his mind Mr. Stone I
vas assured that opportunity would be /
yiven the defense to reply to Jerome's /
,rief.
The court also suggested that the ques
ion whether extTadition should be grant
d upon papers in which the matter of I
PERSONAL responsibility for Thaw's san.
ty or insanity, was left uncertain, be
nlarged upon by counsel.
Discussing the secondary issue--the
lea of Thaw for admission to bail pend
ng the final disposition of his case, Mr..
erome criticized the commission which
ecently decided that Thaw, released un-
er bail, would not be menace to the
ommunity. He said that the investiga-
ion of the commission was inadequate
n that it took no account of the evil
ence introduced at the several earlier
Inquiries on Thaw's sanity made in New
-ork.
He cited the case of James W. Davis,
HON, he said, DR.. George A. Blmner,
lember of the Thaw commission, had
eleased from restraint as an insane per-
on, who had recovered his sanity, but
-ho on obtaining his freedom promptly
hoped off the head of his sister-in-law.
be person regarding whom he cherished
illusions.