Evening star. [volume] (Washington, D.C.) 1854-1972, 1915-03-16
motion FOR THAW
DENIED BY COURT
Decision Prevents His Return
to New Hampshire as
Asked by Counsel.

NEW YORK, March 16-Harry X.
Thaw will not be sent back to New
Hampshire by the state OF New York
| as his counsel demanded, but must be
| returned to Matteawan asylum. unless
legal papers calling for his detention
In New York county are served upon
the warden OF Tombs prison" Such
was Supreme Court Justice Pages de-
cision today in disposing OF the formal
motion to have Thaw returned to New
England.
In the meantime, counsel for Thaw,
as If in anticipation Of just such de-
cision. had obtained from Supreme
Court Justice Blur. a writ OF habeas
corpus which will keep Thaw in ToInbs
prison till next Friday, when he must
be produced In court.
1t was q close call for Thaw, as plans
had been considered by the state for re-
turning him at once to his longtime
residence in the hospital for the Grim.
in the courtroom. ready to rush MIN
there by automobile the moment the
motion for return to New Hampshire
was denied. But the writ Of habeas
corpus which had been served half an
half before on Warden Hanley Of the
Tombs prevented this.
Takes Steps to Prevent Abduction.
Sheriff Griffenhagen OF New York
county had heard whisperings Of a plot
to abduct Thaw during the brief In
terval when he should be out OF War
den Hanley's custody in going to and
from the prison to the courtroom
across the Bridge of Signs. Accord
ingly, the sheriff armed twenty depu-
ties with revolvers and scattered them
air tn4
courtroom. Many more armed deputies
were sprinkled among the crowds in
the corridors.
81 am taking no chances" the sheriff
said. II am we'll heeled for an abduc-
ton"
Thaw entered the courtroom smiling
and confiednt. He glanced over the
crowd for a familiar face. apparently
seeking his mother. his sister and his
half-brother, Josiah Thaw, but they
were not present.
When the decision was announced.
Thaws smile changed to "a frown.
Plainly he was disappointed. He
turned quickly to John B. Stanchfield
an undertone and took his seat. A
moment later two of the sheriff's dep
uties led him away to the Tombs.
Says State Acted in Good Faith.
Justice Page took occasion to COM
ment. in his decision. on the good faith
displayed by the state Of New York
toward New Hampshire by placing
Thaw on trial on the conspiracy
charge. There had been no evidence,
the court held. to warrant the charge
that Thaw had been brought back
simply to be sent again to Matteawan.
Nor had there been adduced any ade-
quate reason why Thaw should be sent
back to New Hampshire after his trial
and acquittal.
Thaw was to go back to Matteawan,
Justice Page decided, upon the old
commitment of Justice Bowling.
The next step in the litigation to
keep Thaw out OF Matteawan will be
taken Friday before Justice Blur upon
return of the writ of habeas corpus.
1t is expected an effort will be made
then to have the question as to Thaw's
sanity decided by jury. Failing to
obtain Thaw's release. there is a strong
probability that the case will be
thrown into the federal courts again
and will eventually find it's way to the
United States Supreme Court. Mr..
Stanchfield SO asserted.
Declared to Be Without Precedent.
THE motion to have Mr.. Thaw re-
turned to New Hampshire and its
denial are without precedent in law
he said "In case of this kind. where
mans sanity and constitutional
rights are involved, it seems to me
that the matter should be settled by
the United States Supreme Court"
1t was understood that an appeal
probably would be entered from JUS
tice Pages decision, and that this ap-
peal would be carried through the state
courts to the highest tribunal and aft
erward. If necessary. taken into the
federal courts and finally before the
Supreme Court.