New-York tribune., 1915-03-27
Justice Ingraham Dwells
on Issue of Good Faith
with New Hampshire.
PRISONER ELATED
BY DAWNING HOPE
Considers Chances Better Now
MIR. Kennedy Defends New
Y0rk'S Right to Kidnap Him.


where argument was made on their ap-
peal from Justice Pages decision
which ordered Thaw back to Mattea-
wan under the Dowling commitment.
The court interrupted Franklin Ken
nedy. Deputy Attorney General, several
times in his argument, Presiding JUS
tice Ingraham intimating that the re-
turn of Thaw TO Matteawan WAS sub
ordinate to the question as TO whether
the honor of the State Of New York
was not at stake In extraditing a man
from another state on one charge, Of
which he was acquitted, and then hold
ing him on another process.
So sanguine are the Thaw advocates
that the higher court will grant the
motion that he be returned 10 New
Hampshire, from whose jurisdiction he
was extradited to be tried on the
charge Of conspiracy TO escape from
the Matteawan asylum, that decision
is looked for next Thursday or, at the
latest, Friday Of the following week
Thaw's Chances Improve.
Therefore, when the case comes be-
fore Justice Blur on Monday on the
writ Of habeas corpus, under which
Thaw Is now held in the Tombs, counsel
will move for an adjournment Of proba-
bly, a month, which will give the Appel
late Division sufficient time TO reach
its conclusion, which may make the
argument Of the habeas corpus pro
ceeding unnecessary.
As matters now stand, Thaw has two
chances against one for the state. II
the Appellate Division should decide
that Thaw must be returned TO New
HAMPSHIRE the Sheriff OF New York
County viii be required to take hlm
out of the state and TO the New lamp
shire line. on the other hand, if the
court holds that Justice Page should
be sustained in his decision 20 detain
him IN Matteawan, Thaw still will have
card to play. The habeas corpus pro-
cceding will still remain 70 be deter
mined, and that proceeding viii open
up a new question in the present phase
Of the much complicated case.
In the habeas corpus proceeding Will
be reintroduced the question Of Ihaws
sanity Justice Page did not pass on
the present mental condition Of the
prisoner, but holding merely that the
bowling commitment was stlll effective.
The present Appellate Division appeal
failing. counsel for Thaw will ask for a
Jury verdict on his sanity, because he
was acquitted Of the charge Of murder
and was committed TO the insane lnsu-
tuition on the ground that he was q
dangerous lunatIc.
Hearing on Sanity. Possible.
Then, again, if the Appellate Division
decision is favorable TO Thaw, and the
state appeals 10 the Court Of Appeals
thus staying his release, the habeas
corpus proceeding Will probably be dis
posed Of before the highest court de
cidcs the appeal, and i'm the mean time
Thaw might have n chance to obtain q
hearing on his sanity, and # held to be
sane his chance Of release would b6
greatly enhanced.
Justice Dowlug who since the Thaw
murder trial has been elevated to the
Appellate Division bench, did not slt
on the case yesterday. Former Justice
Morgan D. O'Bren made the principal
argument for Thaw. being seconded by
John b. Stanchfeld and Abel ! Smith
while Deputy Attorneys General Frank
lin Kennedy and Frank X. Cook ap-
peRred for the state.
Mr.. O'Brien again dwelt strongly on
the obligation Of the State Of New
York to the State OF New Hampshire
This, he said. involved a question OF
good faith between states. because
Thaw was extradicted for the specific
purpose Of standing trial on the con
spiracy indictment, and, being acqult
ted, II was the duty Of the state TO per
nit his return 20 the state which per
mitted the cXtradltion and in which
he is welcome TO reside.
In the course Of Mr.. Kennedy's argu
mcnt Presiding Justice lngraham made
n remark that was considered slgnih
cant. lie said there was no doubt as
20 the legality of the Bowling commit
ment. and that the only question wa
whether the state had a right 10 re
turn Thaw 10 Matteawan without first
permitting him safe passage to New
HAMPSHIRE. following his acquittal Of
the offence for which he was extra
dlted.
Claims Right to Seize Thaw.
This remark followed the statement
by Mr.. kennedy that even had New
York State kidnapped Thaw from New
Hampshire II would have been per
fectlv legal ant would not have vitiatcd
the commitment. Mr. Kennedy added
that the state had perfect right 10
take Thaw under the Bowling commit
mcnt, no matter what means were used
to inveiglc him back to the New York
jurisdiction.
Justice lngraham expressed The opin-
ion that many citizens might regard
the action Of New York as diShonora-
bic If the theory Of the Attorney Gen
cral was put into practice. "The ques-
uon in this case said the presiding
Justice. "is whether the State of New
York can with honor hold Thaw to the
Bowling commitment when he was eN-
tradited from New Hampshire for q
specific charge and found not guilty
when the commitment ordered his re-
turn TO Natteawan on "a charge that is
not eXtraditable.'
Justice Scott concurred with his col
league in this view. adding that the
honor Of the State Of New York wa
the paramount issue. and not whether
Thaw was 20 be returned 70 Mattea
wan.
Both sides submitted long briefs am
plifvinc their oral arguments.
~ Atom 4lth Tbes