The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-03-27
JUSTICES INTIMATE
RETURN OF THAW
Appellate Division Apa9s Ar
yumcnts on'Ncw lamp
shire EXtraditiOn.
POINT on HONOR or STATE

fairy X. Thaw's lawyers went before
the Appellate Division yesterday and
made another effort to have Thaw re-
turned to New Hampshire. The state
cought with equal effort to have him
kept here for custody In Matteawan.
a decision is looked for from the Appel
latc Justices mex; Friday.
Hut even at that time, no matter VIVA.
,hc decision is. Thaw's legal entangle-
m,uts viii not he straightened out, for
ii the Appellate. DIVISION holds that he
may not be returned to New Hampshire
an appeal viii he taken To the Court of
Appeals. while If q If decided that he
should be returned to New Hampshire
the A'tornry-,ieueral. it IL expected. viii
Iut up some leLal barrier that will stu
kcop him here. temporarily AT least
Morgan i. DRrien. who argued for
rhaW. Indicated to the Justices that II
WIS only because of assurances that
Thav was wanted 70 he tried for con-
spiracy and not to he ~recomtnitted for
Insanity that he Governors OF New
Hampshire acquicsced in the extradi-
tuu
The state Is practically bound by a
pledge to permit Thsw's return to New
hampshire said Mr.. oRrien, in view
OF tn. fac, that he has been acquitted
OF the conspiracy charge, and the honor
o. New York il at stake"
This and the contention thai the
Bowling commitment m which Thaw
was originally sent to Matteawar, can
not now be exercised against him be-
cause of the circumstances of his en-
tradition were the chief points of the
defence.
Justice Ingraham presided. With hin
sat Justices Scott. Hotchkiss and Clarke.
u..V.- t.-,.ta..r ,,I. xs.A AZ f1a. hAnrh
when IN" case came up, was excused
because he had signed the commitment
sending Thaw TO Matteawan.
Mr Kennedy read from a brief, part
OF which had already been submitted
go Justice Page. Questions from three
Of the Justices were of a nature which
might be- taken TO indicate a disposition
to return Thaw to New Hampshire.
Mr.. Kennedy began with a statement
that Dr. keih, superintendent OF Mat
teawan, as soon as Thaw a. acquitted
OF the conspiracy charge. made appli-
cation for the return OF Thaw 10 that
Institution.
"But that doesn't amount to any
thing" broke in Justice Hutchkiss.
"fipv ,bou, bringing him bach here on
''. conspiracy charge He was acquitted
Of 'ro crm. Now why not let him
go back to New Hampshire
Mr.. k~rnuedy's reply to this question
wiz indirect. He had no sooner made
tho ,"plv and esumed his argument
than D." was interrupted by Justice In
graham
"Th" STATE Of New York can't afford
70 j. cah faith with the state OF New
hanHrhirc.' said the Justice. How
tt'put rhaw's being sent back here
with IA" understanding that he wss
"'o-"ly to he tried for conspiracy? What
htv" YOU got to say about that"
Mr. Kennedy admitted that there was
~ effect AN understanding between ths
tNu states that Thaw was not beina
oNtrudited FOR insanity.
Al TINS point Justice Scott broke ir
to r'llark that he did not think New
york should br.-ak faith with New
Ntwpshirc. Justice Clarke alone did
u'' "Apr"ss an opinion. Justice Nc,
Iaughitn, who will review the argu
mcut IN Justice DoWling's place. wa.
not present.
Thaw himself was not in court YES
~ day His mother. who was presen.
during IA" conspiracy trial. was no
there either.