The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1914-04-15
HAbEAS CORPUS
GRANTED HARRY
'THAW BY UNITED
STATES COURT
No Order Will Be Issued
However, for Prisoners
Discharge From Jail Until
Arrangements to Appeal
Have Been Made.
BY ASSOCIATED PRESS.

Concord. n. H., April 14.-Harry
Kendall Thaw's petition for a writ
of habeas corpus was granted by Judge
Edgar Aldrich of the United States
district court today.
The court said, however, that no
order would be issued for the prisoners
discharge from custody until arrange
ments 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 appro-
pirate. for this to be passed 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 Il writ of habeas
corpus will go to the highest court in
the land with a decision of the lower
court in his favor.
The decision filed with the clerk of
the court here discusses exhaUstively
the various phases of the case pre-
sented in the United States court. 1t
concludes that Thaws flight from
Matteawah probably would Involve
forced or fictional reasoning to make
a flight of the character of the one in
question. the kind of a flight con-
templated by the constitution as a
basis for extradition."
APPEAL UNDERSTOOD.
1T has been understood. from the
beginning, says the court stIfat4
whichever way this case was decided
py me 1t would be taken TO the
supreme court. Therefore no formal
order will be made, either sustaining
the writ or discharging the petitioner
until the aggrieved party has had
an opportunity to perfect its appeal"
When the slayer of Stanford White
entered this state last September after
his deportation from Canada, he was
arrested by the state authorities. TO
prevent his extradition to New York
his attorneys petitioned for a writ of
habeas corpus. this proceeding auto
matically placing the case in federal
jurisdiction and acting as q stay to the
eXtradition which was granted by
Governor Felker.
Later the fugitive applied for ad-
mission to bail on the ground that the
to escape from the insane
asylum at MatteWan, the alleged ofense
on which extra dition proceedings was
based, was bailable. Counsel for New
York state opposed the motion for +he
bail. alleging that ThaW's mental con-
dition was such as to make his free
dom a menace to the public.
Reciting the facts as to Thaw's petit
ton for bail and the appointment and
report of the commission upon his
mental condition. the court says he
has no doubt of the right OF the court
to grant bail. but he is disposed to
leave the motion for bail undetermined
without prejudice
The court says the report of the
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 TO not war
rant his being deprived of bail upon
that ground.
Thaw's case the court finds to be
that of a person sought TO be extra
dited under the constitution because
he had fed from guardianship custody
based upon the verdict of a jury that
he was insane.
IT think the reasonable interpreta-
ton of the entire proceeding the state
ment of counsel, we expect to take
this man back; we expect to try him
and punish him for his %rime; and
when he has taken first punishment
for his crime; we expect to put him
where he belongs and where he will
not be a menace to the public at
least is that the whole purpose is not
to punish him for that supposed crime
Of conspiracy to escape from guardian
ship custody.