The Dawson news. (Dawson, Ga.) 1889-current, 1914-04-17
THAW Wins IN COURT
GRANTED HABEAS CORPUS PRO
CEEDING IN NEW HAMPSHIRE.
Arrangements For Release Will Not
BE Made Until Plans For Appeal
< -.,,.,. H,o

to L. =. Court Are Complete.
CONCORD, n. H.-Harry Thaw 5
petition for a writ of habeas corpus
was granted by Judge Edgar Aldrich
of the United States district court to-
day.
The court said, however, 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.
The decision discussed extensively
the various phases of the case pre-
scented in the United States court. 1t
concludes that Thaw's flight from
Matteawan probably would involve
forced or fctitional reasoning to
make a flight, of the character of the
one in question, the kind of fight
contemplated by the constitution as a
basis for extradition.
1T has been understood from the
beginning says the court, that
whichever way this case was decided
| by me it would be taken to the SUI
preme court. Therefore, no formal
order will be made either sustaining
! the writ or discharging the petitioner
until the aggrieved party has an OPP
portunity to perfect it's appeal"
Writ Served to Stay.
When the slayer of Stanford White
entered this state last September af-
ter his deportation from Canada he
was arrested by the state authorities.
To prevent his eXtradition to New
York his attorneys petitioned for
writ of habeas corpus, this proceeding
automatically placing the case in fed
eral jurisdiction and acting as stay
to the extradition granted by Gov
ernOr Felker.
Later the fugitive applied for ad-
mission TO bail on the ground that
the conspiracy to escape from the in
sane asylum, on which extradition
proceedings were based, was baila-
BILE. Counsel for New York state
opposed the motion for bail, alleging
Thaws mental condition was such
as to make his freedom a menace to
the public.
Reciting the facts as to Thaw's
petition for bail and the appointment
and report of the commission on his
mental condition the court says he
has no doubt of the right of the
court to grant bail, but he is dis
posed to leave the motion for bail
undetermined, without prejudice.
The court says the report of the
commission, supplemented by his
own observation at the several hear
| ings, satisfied him that any supposed
! danger to the community through
Thaw's liberty was so remote as not
to warrant his being deprived of bail
on that ground.
Thaw's case the court finds to be
that of person sought to be extra
dited under the constitution because
he had fled from guardians, custody
being based on the verdict of jury
| that he was insane.
New York's right of custody, if
the right exists, Judge Aldrich rules,
| was based solely upon the idea of
insanity; and from the very nature
of the case, in describing the sup
| posed extradition crime, the demand
| ing state itself, upon the face Of the
papers, necessarily throws the ques-
ton of criminal responsibility into
the field of uncertainty and thus it
at once presents a question new to
extradition law"
| Purpose of EXtraditiOn.
The suggestion that the purpose
of the extradition proceedings is not
to punish the supposed misdemeanor
involved in the escape but is for the
ultimate purpose of reconfnement
at the Matteawan hospital the court
disposes of it in this manner:
II think the reasonable interpreted
| ton of the entire proceeding, includ-
| ing the statement of counsel, we
expect to take this man back; We
expect to try him and punish him for
his crime, and when he has taken his
punishment for his crime We expect
to put him where he belongs aud
where he will not be a menace &c
the public at least is that the sole
purpose is not to punish for the sup
posed crime OF conspiracy to escape
from guardianship custody"