New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-03-16
STATE LAWYERS
IN ODD MIX-UP
ON THAw CASE
F. X Cook Says He Has
Been Withdrawn, but
Woodbury. Says No.
PRISONER MAY GO TO
NEW HAMPSHIRE
His Counsel Declare He Can't
Be Held-Sheriff Ready
for Auto Trip.

Harry X. Thaw's fight TO remain out
of Mattcawan developed q series Of
surprises yesterday. First there was
the announcement of Frank X. Cook,
Deputy Attorney General, VINO super
seeded William Travers Jerome in
charge of the states case. that be had
been withdrawn and directed to pro-
ceed TO Utica and resume his work in
the Court OF Claims.
This was followed by Attorney Gen
eral Woodbury's positive denial that
Cook had been Withdrawn. "He has
not been called to Albany for con
ference, and viii continue to the end
to represent the state in the Thaw pro-
ceedngs," he added.
Efforts TO find Mr.. Cook last night at
the Hotel Belmont failed. and the con
fict in the statements could not be
reconciied. Franklin Kennedy, Deputy
Attorney General. to whom Mr.. Cook
intimated the case had been intrusted,
declared at the Belmont that his as
sociatc would be in court this morning
and at any other time that the Thaw
case was bothering the State OF New
York
Meanwhile rumor nad been busy with
the name Ok Mr.. Jerome. lt was said
and believed that Thaw's prosecutor
would be reinstatcd Mr.. Jerome later
denied that there was ihe slightest
foundation for the rumor.
Sheriff Grifenhagcn accepted with
out question the feeling tia. Thaw had
won a notable victory and even made
preparations TO turn tis prisoner back
70 New Hampshire tp-G2y. He pre-
pared an automobile for the trip, be-
cause he seriously believed that Justice
Page would to-day make an order for
Thaw's return in compliance with the
motion argued before him yesterday by
his counsel.
Fight Brings Surprises.
The yigor with which the Thdw at
torneys fought for their motion and the
, seriousness with which the court lis
tened to their contentious came a. a
surprise. It had been thought that
the motion had been made chiefly to
gain delay while the now habeas corpus
proceedings could be got ready. and it
was expected that Justice Page would
at once deny the back 70 New lIamp-
shire" plea as merely d formal matter.
~ will take this motion under advise
nrent," the court said. 81 was familiar
with most of the cases you cited in
support Of Jour argument, but there
are others which you have brought TO
my attention ! was not so familiar
with. and | wish to take time to look
into them. ] hope 10 give my decision
IN the morning.
Just before this announcement Mr..
Cook had asked the court when decl-
sion might be expected, as he had been
instructed TO resume hls work IN JtIca.
Later he was more specific, and said:
Before the Thaw case | was as
signed to the Court Of Claims at Utica
for the Attorney Generals Office. and
was taken off that work to come and
handle the Thaw case. have now re
ceived orders to return to my work IA
the Court of Claims
This announcement was made IN an
interview at which Mr.. Kennedy and
Assistant District Attorney OMalley
were present. He had been asked (
he had definitely made up his mind to
call Evelyn Nesbit Thaw and what he
expected 10 get from her. He refused
to amplfy or explain. but the infer
erce was plain that Mr.. Kennedy, who
had assisted Mr.. Jerome, would be lett
temporarily in charge. 10 was Mr..
Kennedy who made the argument yes
tcrday against the motion for Thaw's
return 70 New Hampshire.
Mr.. Cook wanted 10 be quoted IN one
thing yesterday before he left. lie de-
MED that he had made any statement,
attributed TO him i'm some papers, that
the state would not resist a jury trial
in the expected habeas corpus action.
81 made no such statement, and, IN
fact, we intended 10 resist vigorously
any attempt for jury trial he said.
State TO Oppose Jury Trial.
"And we intend to continue to resist
IT," added Mr.. Kennedy. I'VE don't
grant that Thaw has right TO jury
trial. We hold that the law is exactly
20 the contrary. Il provides that a writ
b OF ndDedH NuipuS Sndll Ut ul0ppHtN "
in summary proceedings, and that
means otherwise than by trial by jury.
"Thaw lawyers have contended at
previous habeas corpus proceedings
I that it was Discretionary with the
| Judge a. to whether the writ should be
/ heard by the court or by a jury, but
/ they were always ruled against.
/ "ln cases where a man brings habeas
corpus proceedings for his release from
a civil insane asylum it is. of course
! Discretionary, but that does not apply
| to All asylum for the criminal insane
/ such as Matteawan."
The argument for the return of
Continued on page ~ column