The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-02-21
NO BAIL FOR THAW,
JUDGES INTIMATION
Aldrich May Let the Z. s. Su-
preme Court Pass on
Habeas Corpus Writ.
CASE ARGUED FIVE HOURS
Jerome, Assailed by Ex-Gov.
Stone, Insists on Being Heard
Before Decision.

CONCORD. n. H.. Feb 2o.--Five hours
were given over to-day in the United
States Court here. before Judge Aldrich,
TO the discussion of the habeas corpus
proceedings filed several months ago on
behalf OF Harry X. Thaw As many
persons as would have flied the Federal
Court room many times applied In vain
for admission to the hearing.
The counsel present for Thaw included
Ex-Governor Stone of Pennsylvania, Mer-
rill shurtlefY. Irving W. Drew and George
Morris of Lancaster. Judge william Chase
and Nathaniel Il. Martin OF this city.
Assistant District Attorney J. Franklin
Kennedy and Bernard Jacobs accompanied
william Travers jerome, who Is opposing
the writ. Mr.. Jerome took seat within
a few feet OF Thaw. who sat beside his
mother.
Other members OF the Thaw party were
Mrs. Godfrey whitney known before the
annulment OF her first marriage as the
Countess OF Yarmouth. She was accom-
panied by her husband.
The entire day was given to the presen-
tation OF the Thaw side OF the case. ad-
Journment being taken at o'clock this
evening until 10 tomorrow morning. when
Mr.. Jerome will present his argument
Ex-Governor Stone In opening the case
considered the point regarding whether or
not there is substantially a crime charged
against Thaw. He held that tine place TO
look for such a charge was In the in
dictmen,. where, according to law. It must
be contained.
says New York Made Admiration.
He would waste no time In considering
the comfy among States. but would come
right TO the indictment for the consldera-
ton of the crime charged. The defence
had been relieved, according to Mr.. Stone
In the admission of New York that Il was
not a crime to escape from Matteawan .
~ therefore the charge of conspiracy had
been virtually admitted not to constitute
a crime.
Judge Aldrich held that II was per-
fectly proper TO include the charge In the
extradition papers forwarded by Gov.
Glynn. even though not in the Indictment.
He endeavored 10 dlfferentiate between,
the act OF escape itself and the conspiracy
to attempt an escape. This together con-
tice and would constitute a crime. he said
The chief attorney for the Thaw forces
held that the moment Thaw became sane
he had the legal right to walk out OF
Matteawan.
THE trial OF Thaw for conspiracy is "A
mere lretenc". Just a. soon - this writ
Is discharged back TO Matteawan he
goes" asserted the Ex-Governor
D MIR. Jerome called attention ~, ba f.
that no oral discussion had been held in
/ relation to the constitutlonality of the
! New York law and also as To- whether or
not IL was possible under any statutory
provisions 10 extradIte an insane person.
Judge Aldr!ch said that he deemed the
important question 10 be whether or not
extradit!on was the appropriate remedy.
and secondly. II New York has left I'm th..
charges II has brought feeling OF uncer-
tainty.
Attorney Morris then argued for two
! hours. dealing mostly with legal techni-
calities.
Bail Question brought IN.
Just as adjournment was about to be
! taken Judge Aldrch brought IN, the oues-
ton OF admitting Thaw to bail The
query brought Thaw's counsel To their
feet AT once. They all cunt.nd.d tina,
there was nothing for Judg. AIdrich 10
/ do but admit Thaw to bail. and that a
special commission had rendered it's YER
die, favorable To- Thaw IN that he would
not Ice a publ" menace
Mr.. Jerom" calmly suggested that be-
fore "A decision on the bail question was
announced he would Ike To argue tho
question.
Judge Aldrich intimated that as the
case ~as so soon TO pass within the Juris-
diction OF the United States Supreme
Court 1t might be well to let the ball CUES.
ton pass on to this court with the other
questions, as he might be overruled II a
decision was made by him.
To this suggestion there was a general
demurrer by the Thaw lawyers, who con.
tended that Judge Aldrlch was thoroughly
| familiar with all aspects OF the case and
| that there could be no danger Of his being
| overruled. They also intima,ed that II