The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1914-12-22


WASHINGTON, Dec. 2lz<Harry X
Vfaw, slayer of Stanford White, to-
day lost his fight for liberty in the
supreme court. His extradition to
New York state from New Hampshire,
following his escape from Matteawan
asylum, was ordered by the court.
Thaw must stand trial for con.
PIRACY to escape from Matteawan, for
Itch he was indicted in New York,
Following his sensational flight to
Canada and thence to New Hamp-
shire.
The high court reversed the de-
ctsion OF Federal District Judge Aid
rich, of New Hampshire, who granted
Thaw writ OF habeas corpus.
Whether Thaw is returned TO Mat
teawan depends upon the New York
authorities, His attorneys declare,
however. that IL he is not tried on
the conspiracy charge. or should at
tempts be made TO hold him as an al
legged lunatic In the asylum, another
habeas corpus proceeding will be
drought.
Nearly all OF the points made by
Thaws counsel, former Atty Gen.
Philander c. Knox, and former Gov
Stone, of Pennsylvania, were over.
ruled In the opinion, which was hand.
ed down by Justice Holmes.
"Thaw was fugitive from Justice;
he was charged with real crime and
II is for jury OF the state of New
York, after consideration OF the laws
OF the state OF New York, TO deter.
mine whether or not he was insane
1T the time OF his act, and whether
heA Is guilty Of crime against the
lays OF New York" said Justice
Holmes.
1T has been alleged in the argu.
ments or the attorneys for Thaw that
was no crime for man In an in
sane asylum In the state of New York
10 walk out II he could do So" con
tipped Justice Holmes Therefore
II Vas contended that IL was no crime
20 conspire TO do this thing. But
that does not necessarily follow. It
is not crime for a person to- with.
hold his patronage from a certain
shop, but II a number of persons con-
spire together TO withhold their pat.
ronage from that shop, IL becomes a
conspiracy punishable by law.
Therefore we are abliged to hold
that the withdrawal Of Thaw from an
insane asylum, inasmuch as il did not
obstruct the law, was a conspiracy
for that purpose and. consequently.
the indictment on which the state OF
New York has sought to bring Thaw
back to New York for trial, discharge
crime. We are also obliged 10 hold
on the same theory that Thaw is a
fu1itive from justice.
Tit has further been contended that
II Thaw Is insane, he is not guilty OF
any crime under the laws OF New
York. and II he is not insane he would
have been discharged But the stat
utes require that IL supposedly In
sane person commits crime, IL IS
necessary for the defense to prove
that. he was insane at the actual mo.
ment of the overt act. II has been
held that a person may be insane, and
vet realize at the time OF crime that
IL was a wrong act.
Now this is not q trial OF Thaw.
That must be decided under the laws
of New York and by New York
fury.
"Thaw is not on trial here.
II
N in the law providing for extradi-
ton. 1t plainly says that upon an in.
dictment charging crime being
Lsound. and proof OF that submitted to
the state to which the fugitive has
fed, the fugitive must be surrendered
to the demanding state. For this and
other reasons we reverse the decision
OF the district court of New Hamp-
Rstire."
BY this decision OF the court, the
"scandal to the state of New York.
so eloquently dwelt upon in his argu-
ment before the court by "Thaws
nemesis" William Travers Jerome,
has been quieted from the Jerome
point of view. During the arguments,
former Attorney-General Knox bitter
ly attacked Jerome for his mention
OF the use of Thaw's millions ito de-
faat iiatice i'm the state of New York"