The Pensacola journal., 1914-12-22
2;rhr Of the Latter to Ex-
tradite Him From New
Hampshire is Upheld.
rRTME CHARGED IS.
FXTRADITABLE ONE
Justice Holmes in Annou1lc-
inc the Decision, Which
Was Unanimous, Declared
thg Case Too Clear for
Leu1thy Argument and
Swept Aside as Insolvent
All Contentious.
ET- ASSOCIATED PRESS

EY ASSOCIATED PRESS
Washington, Dec. 21.-The right Of
New York state to extradite Harry X
Tsaw from New Hampshire was up
tsId today by the supreme court. The
rpinion reverses Judge Aldrich OF the
New Hampshire federal district court.
rustice Holmes announced the opinion,
which vas unanimous. He declared
No case was "too clear for lengthy
argument and swept aside as irrele-
gant al contentious of Thaw's coun-
yel
Conspiracy to escape from Matte
van insane asylum to which he was
committed after killing Stanford White
En 1906 is the charge on which Thaw
stands indicted in New York. Thaw's
counsel asked his freedom on the
ground that the indictment against
i'm charged no crime; That if he is
Insane as the New York authorities
rOntended in placing him in the asy-
um he could not be guilty of the
rrime Of conspiracy for which the ex-
radition is sought. The supreme. court
ad, In effect, that the question of the
risoner's sanity or insanity was one
md that was the legality OF the ex-
radition.
Just what line of action will be
Followed by the contending parties in
hhe case Is not known tonight.
Actually, the celebrated Thaw case
the killing OF Stanford White-was
bot before the court. Merely the ques-
ton Of returning him on the conspir-
"osyg decision
What other moves, If any. were open
10 Thaw's counsel to prevent his re-
turn to the state where he was twice
Tied and had made many futile efforts
to be released those familiar with the
egal procedure were at q loss to fore
ast
THE FIGHT LOST.
To those who have followed the case
seemed that the fight against return
Dng to New York was lost and that
othing remained but for the sheriff
b Coos county, N. H. to turn Thav
rer to the New York officers upor
lie extradition which was granted b1
he governor of New Hampshire, but
ayed by the decision of Justice AL
lrich which was today reversed
ESCAPED ON AUGUST II
On August IT, 1918, Thaw escaped
from the Matteawan insane hospital
Charged with a conspiracy to escape
be was arrested in New Hampshire
He vas indicted in New York on the
harge and application for his extra
iiron was made to New Hampshire
but on haoeas corpus proceedings IL
he federal district court, Federal Judg'
Adrich held that Thaw should ioe re-
eased
Justice Holmes announced the court
unanimous decision today. He frs
Terruled the contention that it was no
crime for a man confined in an in
Ene asylum to walk out if he could
nd that therefore, a conspiracy t
20 so was not q crime.
We do not regard it as open to de-
'ata that the withdrawal by conniv'
ka2co. Of a man from an insane asylum
which he had been committed a:
IaaW was. did tend to obstruct the du'
somlnistration of the law. At least
he New York courts so decided. There
IRE the indictment charges crime
there IS any remote defect in tht
arier proceedings by which Thav
vas committed which we are far from
aumating, this is not the time anC
Pace for that question TO be tried
Justice Holmes said that the mos
tflous argument for Thaw was tha
ne vas insane when he contriVeC
s escape. he could not be guilty o
'me; While. if he were not insane, h
Vas entitled to be discharged, and tha
US confinement and other facts in th'
eCo9d required the supreme court t.
~s1me that he was insane.
51t this is not Thdw's trial." com
.enIed the justice upon that line O.
Esument.
eztradition proceedings, ever
eh as here, a humane opportunit!
a1orGed TO test them upon habea:
"pus' the purpose of the writ is no
substitute the judgment of another
,'0ha' upon the facts or the law O.
matter to be troed.
Ioe constitution says nothing
1' Aaoeas corpus in this connection
~ Peremptorily requires that, upoI
sper demand the person charged
S1 oe delivered up to be removed tt
state having jurisdiction of the
There is no discretion allowed
INQUIRY into motives.
1"e technical sufffciency of the in