New-York tribune., 1915-03-18
THAW'S APPEAL
ON PAGE RULING
ADDS TO NIIX-UP
Lawyers Now in Quan-
dary as to Where Next
Move Will Lead.
ARGUMENT ON WRIT
TO COME UP TO-DAY
District Attorney Refuses To Be
Party to Plan to Review
Decision.

With the fling Of notice OF appeal
! from the decision Of Justice Page re-
fusing to order Harry x. Thaw re-
turned TO New Hampshire, the case be-
came so complicated yesterday that
even the lawyers admitted they did not
know exactly what would como next.
As matters stand a writ of habeas
corpus Is returnsble before Justice
Blur at 10 o'clock this morning. 1t
was planned 20 argue the writ then
and ask for a jury trial, and, in the
event Of this being refused, ask for
Thaw's release on the ground that ne
Is sane now At least a month would
ensue before such a hearing could be
had.
But the fling Of the notice OF appeal
from Justice Pages decision compll-
Gates the matter TO the extent that the
lawyers are not sure but that Justice
Blur will dismiss the writ OF habeas
corpus and insist that the appeal IN the
Page decision be disposed Of before
any further hearings are had.
Incidentally there is a conflict OF
| opinion as to who the custodian of
! Thaw is. Sheriff Grifenhagen thought
| that when Thaw was ordered back to
the Tombs he became his prisoner.
Yesterday he discovered that Waroen
| Hanley Of the Tombs was OF opinion
! that he was responsible. That question
was referied TO the lawyers, and at
last accounts they we're trying to de-
eide it. The District Attorneys once
| refused TO mix in the matter, declaring
! that so long as Thaw is not charged
with crime in this county II has other
| things TO attend TO.
Appeal Mailed to Albany.
The Office also refused TO be party
10 the appeal from Justice Pages de.
cision. When the representative OF
! Stanchfeld G. Levy, counsel for lhaw'
! sodeht to serve notice of an appeal on
| Assistant District Attorney OMalley,
/ he begged 70 be excused on the ground
! that With the end OF the conspiracy
/ trial he passed out of the case. Ser
vice was therefore had upon Mr..
/ Penny. clerk Of the Supreme Court. and
/ Assistant Attorney General Cook by
mailing him a copy of the papers TO
Albany.
The apreal serves TO take the case to
the Appellate Division. On it it is eX-
nected an order staying Thaw's re-
| noval from the Tombs will issue. In
| the event Of an adverse decision In the
! Appellate Division an appeal may be
had TO the Court Of Appeals. Thence
! il necessary, the case can go TO the
/ federal courts.
The reason for the decision of
Tbaw's counsel to appeal from the
/ Page decision and consume months, II
necessary. before going 10 the federal
courts. at the risk of delaying the san
ity hearing that is desired. is one of
nrecaution. The federal courts are
! slow to act in such cases where the
applicant for relief has not exhausted
evcrv means in the state courts, and II
is considered that there Is more than a
fair chance that the federal courts
! would throw the appeal out II now pre-
scnted TO tkem.
Move One of Precaution.
Should other means fail, and resort
then be sought to an appeal from the
Page decision, the Thaw lawyers might
| find themselves without ground TO
stand on because of delay in making
the appeal Just filed. so that, in the
words of Abel |. Smith, of counsel for
the defence. the action is one of pre-
caution calculated tc save every pos
sible right of the prisoner.
1t is possible that Justice Blur may
consent to go ahead on the habeas
| corpus proceedings tomorrow, IRE
spectivc of the appeal in the Page mat
ter, but no one was at all positive
about this yesterday. The only thing
anv one was certain about was that as
matters stand it will be long time be
fore this phase of the Thaw case Is
over.
Eve are moving slowly and care
FULLY" Mr.. Smith explained yesterday
because there are few, If any. prece-
dents to guide us. Law is being made
in this case. That Is why the ap'
parent confusion exists"
John b. Stanchfeld, chief counsel fol
Thaw, was troubled yesterday with sore
throat, and unless he has recovered II
is very likely that the argument on The
habeas corpus writ will go over wher
called tomorrow.
Thaw spent most OF his time in the
Tombs yesterday reading. Ne told
keeper yesterday that As soon as ht
was released he expected TO go TO Eu
rope.
II have seen Paris in other days" h'
said, "snd London when all was nor
NAL. Now ! would like 10 see those
cities under war time conditions. Ih'
contrast must be most interesting"