The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1914-12-21


WASHINGTON, Dec. 21.-Harry X.
Thaw, slayer of Stanford White, to-
day lost his fight for libery In the SUI
preme court. His extradition to New
York state from New Hampshire, fol-
lowing his escape from Matteawan
asylum, was ordered by the court.
Thaw must stand trial for conspir
acy to escape from Matteawan, for
which he was indicted in New York
following his sensational flight to
Canada and thence to New Hampshire.
The high court reversed the decis.
ion of Federal District Judge Aldricn
OF New Hampshire who granted Thaw
q writ OF habeas corpus. Whether
Thaw will be returned to Matteawan
depends on New York authQEtties.
His. attorneys ,acIaFe however, that
il he is not tried on the ccnsss. aAey
charge, or should attempts be made
to hold him as an alleged lunatic in
the asylum, another habeas corpus
proceeding will be brought. Nearly
all the points made by Thaw's coun-
sci, former Attorney General Philand-
er Z. Knox and former Governor Stone
Of Pennsylvania, were over-ruled in
the opinion which was handed down
by Justice Holmes.
"Thaw was a fugitive from Justice;
he was charged with a real crime, and
it is for jury Of the state OF New
York after consideration Of the laws
of the state Of New York to determine
whether or not he was insane at the
time of his act and whether he is
guilty of crime against the laws Of
New York" said Justice Holmes.
"Thaw is not on trial here. 1t has
been alleged in the arguments of the
attorneys for Thaw that it was no
in the state g New York to walk out
if he could do So" continued Justice
Holmes. Therefore, it was contend
ed that it was no crime to conspire to
do this thing. But that does not
necessarily follow. 1t is not crime
for a person to withhold his patron
age from a certain shop, but II a
number of persons conspire together
to withhold their patronage from that
shop, 1t becomes a conspiracy, punish
able by law.
wherefore we are obliged to hold
that the withdrawal Of Thaw from an
insane asylum, inasmuch as 1t did
obstruct the law, was a conspiracy
for that purpose and consequently the
indictment on which the state of
New York has fought to bring Thaw
back to New York for trial charges a
crime. We are also obliged to hold
on the same theory that Thaw is a
fugitive from Justice.
1T has further been contended that
il Thaw is insane he is not guilty OF
any crime under the laws of New
York and IL he is not insane he would
have been discharged. But the statutes
require that II supposedly sane per-
son commits a crime, it IS necessary
for the defense to prove that he was
insane at the actual moment of the
overt act 1t has been held that j
person may be insane and yet realize
at the time of a crime that it was a
wrong act. Now this is not a trial
of Thaw That must be decided I'M
der the laws of New York and by 3
New York jury.
Furthermore, no discretion is, Civ
en- in the law providing for extradi-
ton 1t plainly says that upon an in
dictment charging crime being found
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 Homp-
shire
During the arguments. Attorney