The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1914-04-16
THAW WINS ANOTHER VICTORY.
Federal Judge Grants Petition for
HabeaS Corpus.

District court to-day. The court said,
however. that no order would be is
sued for the prisoners discharge
from custody until arrangements had
been completed to take the case to
the United States Supreme Court on
appeal.
Thaw's petition for admission to
bail the court left undetermined,
taking the ground that it would be
more appropriate for this to be pass
ed upon by the Supreme Court.
The result of the decision is that
Thaw's guardianship and condition
will be unchanged for the present,
but that his petition for a writ of
habeas corpus will go to the highest
court in the land, with decision of
the lower court in his favor.
The decision discusses exhaustive
ly the various phases of the case pre-
sented in the United States court,
concluding:
Insanity and Extradition.
My conclusion is that constitu-
tional right of tradition for crime
does not reasonably apply to such a
situation as this, where the right Of
control by the demanding States re-
sides in a degree of custody based
on insanity, and where its papers up
on their face negative the idea of per-
sonal criminal responsibility. 1t is
further thought that it would involve
forced or fctional reasoning to make
a flight of the character of the one
in question the kind of flight con-
templated by the constitution as a
basis for eXtradition.
1t results that an order will be
made sustaining the writ and that
the petitioner be discharged from the
extradition process under which he
was held at the time his condition for
habeas corpus was brought upon con-
stitutional grounds.
1T has been understood from the
beginning that, whichever way this
case was decided b! ne, it would be
taken to the Supreme Court. There
fore, no formal order will be made
either sustaining the writ or dis
charging the prisoner until the ag-
grieved party has had an opportunl-
ty to perfect its appeal.
Escaped Last December.
When Thaw entered New Hamp
shire last September after deporta-
ton from Canada he was arrested.
His attorneys petitioned for writ
of habeas corpus, this acting as a
stay to extradition granted by Cover
nor Felker.
Later Thaw applied for bail on the
grounds that conspiracy to escape
from Matteawan, the alleged offence
on which extradition proceedings
were based, was bailable. Counsel
for New York State opposed the mo-
ton, alleging Thaw's mental condi-
tion would make his freedom a men
ace
Reciting facts as to Thaw's petit
tion for bail and the report of the
commission upon his mental condi-
ton, the court says:
Il have no doubt of the right of
the court to grant bail under the cir
cumstances of this case, but as the
question is an interlocutory one, of
which the petitioner has the right to
avail himself at any time and
at any stage of the proceed
ings, and as the case is about to go
out of the control of this court and
into the Supreme Court, and as Su-
preme Court Rule "a has an impor-
tant and, perhaps controllable bear
ing upon the question, am disposed
to leave the motion for bail undeter-
mined without prejudice
Thinks Thaw Not Dangerous.
The court says the report of the
commission, supplemented by his own
observation at the several hearings,
satisfied him that any supposed dan
ger to the community through Thaw S
liberty was so remote as not to war
rant his being deprived of bail up
on that ground.
Il am not at all certain that | am
not denying a plain right and doing
the petitioner an injustice by leaving
this question undecided he says.
Thaw's case the court finds to be
that of person sought to be extra
dited under the constitution because
he had fed from guardianship GUS
tody based upon the verdict of jury
that he was insane.
The case is a novel one, COM
ments the court, ''and requires the
utmost caution as the power of ex-