New-York tribune., 1915-03-16
State Lawyers in Mix-Up
Oper Move in Than Case
Continued from pase I

Thaw 10 New Hampshire was opened
before Justice Page by Morgan D.
O'Bricn.
"The fundamental principle Of extra,
ditiou between nations Is tnat IL shouIu
not be used for any other purpose thah
to secure the trial Of the person ox-
tradited for the crime for which ne
has been indicted" Judge O'Brlen SAID
"Thc laws of New York make II possi-
Bile to indict a person for another
crime than that for which he was eN-
tradited. but the precedcnts are
against his being held in non-indlct-
able offence.
0Brion Argues for Defence.
"Thc Governor Of New Hampshire
recognized The requlsitlon OF the Gov
ernor Of New York for the return OF
Thaw on the theory that he had com
mitted the crime of conspiracy and not
on the theory that the state used IN
dictment as a pretext for the ultimate
purpose OF getting Thaw back to Mat
teawan.
"Thaw has not been indicted for any
other crime besides that for which ne
was tried and acquitted. and he IS not
a fugitive from justice. EXtradition
should not be used for sinister pur-
poses. because it is based on the tunda-
mental principle Of good faith a. ne
tween statcS The honor Of the state
Of New York demands that Iha| pe
.ent back 10 New Hampshire. and the
Attorney General. instead OF opposing
this motion, should be joining with us
In this plea.
Mr.. Kennedy arguing against the mo-
tion said
"The reply to that argument Is TINS
petition for Thsw's custody from Dr.
RAYMOND Kieb, medical superintendent
of Matteswan. He observed him while
Thaw WAS there both while Dr. klcb
was superintendent and as assistant
physician. As the superintendent now
he is entitled to his custody under the
Dowling commitment. lie has never
been discharged or become sane, so that
he would he entitled 70 his discharge
lie remains dangerous TO public peace
and safety, and Dr. kicb petitions that
he be returned.
Demands Prisoner for state.
"The Bowling commitment is still IN
force. Thaw was tried oil the indict-
ment for which he was eNtradited and
acquitted, and who has the authority
TO say that DR.. Kieb shall not take MIN
this minute? II we had abducted him
forcibly We would have had jurisdic-
tion over him the moment he came
within our state lines. The way or
means BY which he is brought here is
immaterial The fact ID that he 10
here and We are entitled to hrs Gus
tody."
Mr. Stauchfeld then arose to drive
further the argument for Thsw: Com
mon decency, he said, demands that
the extradition for conspiracy, now he
was acquitted. be not used for the
ulterior purpose Of putting ThaW back
In Natteawan.
Il am not asking you to turn HIM
loose as a menace TO New York, II the
statement Of Dr.. Kieb 30 that effect be
true. but am asking you to send him
back TO New Hampshire. II he IS
menace let the people there care Tor
HIM" Mr.. Stanchfield said.
Mr. Kennedy asked that pending the
decision Thaw be sent back to Msttea-
wan. The court with particular en-
phaSis replied that he would be re-
manded to the custody of the Sheriff.
Sheriff Grifenhagen took under ad-
visement yesterday the matter of hold
ing Thaw in Ludlow street Jail or in
quarter IN a hotel, as he IS now
civil prisoner. However, renewed re-
ports were brought TO his attention of
what was described as a plan by Cap
tain John Lanyon, head detective for
the prosecution, 20 seize Thaw forcibly
the instant the court should hand
down its ruling and Thsw should pass
from the protection Of the court.
Mr.. Kennedy's remarks in his argu-
ment that the state had right 10 alb
duct Thaw forcibly and take him back