Omaha daily bee., 1914-12-22
THAW LOSES HIS
FIGHT FOR LIBERTY
Supreme Court Orders His Return to
New York for Trial on Con-
spiraoy Indictment,
INSANITY IS NOT FEATURE
Justice Holmes Says it Cannot ne
Issue in Habeas Corpus Case
New York Courts Must
Decide IL.

WASHINGTON, Dec. si.-Harry X
Thsw lost his fight today in the supreme
court OF the United States against being
extraditei from the state OF New Hamp-
shire to the state of New York.
In brief decision by Justice Holmes,
which was the unanimous decision OF the
court. It was held that the celebrated
prisoner should be turned over at once
to the New York authorities to answer
an indictment charging conspiracy 60 es-
cape from MatteawRn asylum for the
criminal insane
Whether his escape from the asylum,
his counsel contended, while he was In
sane constituted crime and other ques-
tions the court dismissed with the COM
ment that they could not enter into a
habeRs corpus proceeding and that they
were proper questions for the state OF
New York TO decide.
white Murder Not Mentioned.
Actually the celebrated Thaw cRse-the
killing of Stanford whAe-was not before
the supreme court Merely the question
OF returning Thaw on the conspiracy in
dictment was up for decision.
What other moves. II any, were open
&c Thaw's counsel to prevent his return
to the state where he was twice tried
and had made many futile efforts 10 be
released. those familiar with the legal
procedure were at loss to forecast
To those who have followed the case It
seemed that the fight against returning
TO New York was lost and that nothing
remained but for the sheriff OF Coos
county. New Hampshire, to turn Thaw
a..
! tradition granted by the governor OF New
Hampshire, but stayed by the decision
of Justice Aldrlch,, which was today re-
versed,
Thaw Has Nothing 20 say,
MANCHESTER, N. H., Dec, n.-HRrry
X. Thaw received without comment to-
day the announcement from Washington
that the supreme court had reversed the
decision OF the federal court In New
Hampshire which refused to extradlte
him to New York.
His secretary. speaking for him. after
manifesting SURPRISE said:
Mr. Thaw has no comment to make.
Any statement regarding the courts ac-
tion will have TO come from his counsel.
Philander G. Knox. in whom Mr.. Thaw
has every confidence"
Thaw received the news through q
press dispatch. He has been stopping in
this city for the last three months.
More Trials In Prospect.
Thaw may, however, remain in New
Hampshire for thirty days, unless his al.
torneys consent TO his removal sooner.
This results from the fact that the man.
date of the supreme court. carrying out
its decision. is not issued until thirty
days from today. unless the attorneys for
both sides Join in requesting an earlier
issue of the order.
Legal authorities who have followed the
case pointed out today that New York,
with its custody OF Thaw secure, might
now direct his immediate trial for con-
spiracy or might annul the indictment
and return the prisoner to Matteawan, or
It might return him to the asylum in
disregard of the indictment
During the argument OF the case before
the supreme court, Chief Justice White
intimated that immediate imprisonment
of Thaw after his return might give rise
to another habeas corpus proceeding 20
determine whether a federal right had
been denied by putting him Ia an asylum
after extraditing him for conspiracy.
jerome Says Thaw Will he Tried.
NEW YORK, Dec. H.-Mr. Jerome,
who acted In the case as deputy state
attorney general. said today that as soon
as arrangements could be perfected Thaw
would be brought to this county and
tried ON the conspiracy indictment be-
fore he was returned to Matteawan.
IT am not surprised at the courts ver-
dict, he said. Harry Thaw will be
brought back as soon as possible and
tried on the conspiracy charge and then
returned to Matteawan. The conspiracy
indictment was obtained in good faith
and its prosecution will be undertaken
In the same spirit"
The decision in the case OF Harry a..
Ihaw marks the end of sixteen months
or litigation In the efforts Of the author
ities OF the state OF New York TO get
Thaw back prisoner again in the Mat
teawan state hospital for the criminal in
sane, from which he escaped.
With the aid OF five consplrators Thaw
got away from the institution in an auto
mobile and made for the Canadian bor-
der.
Thaw Immediately gathered around him
an array Of legal talent. who by various
court processes blocked the efforts OF the
New York state representatives. headed
| by william Travers Jerome. his prosecu-
tor at the time he was tried for the MUIR
der Of Stanford White. While tho legal
proceedings were in progress the Cana
dian authorities summarily decided the
question by removing Thaw from Jail
ana thrusting him across the border in
an automobile. This was on September
10. Thaw found himself in Vermont and
at liberty A newspaper man who had
followed him permitted him to use his
automobile and the two crossed the Yer
mont line into New Hampshire. Here
Thaw. at Colebrook. was again jailed
He was taken 10 Concord n. H.. where
the litigation decided against him was
I begun.