New-York tribune., 1915-03-17
THAW IS HELD;
DODGES ASYLUM
WITH NEW WRIT
Justice Page Denies Mo-
ton That He Be Sent to
New Hampshire.
u. S. SUPREME COURT
MAY PASS ON CASE
Sixth HabeaS Returnable Friday
Litigation May Last Long
MIR. Cook ReinStated.

Harry K. Thaw is back in the Tombs
and Deputy Attorney General Frank h.
Cook is back in the Thaw case. Justice
Page yesterday set at nought Sheriff
Grifenhsgen's automobile and armed
guard preparations for conveying Thaw
back to New Hampshire by denying the
motion of his counsel that the cour.
order him sent back there.
Mr.. Cook set at rest the rumors that
William Travcrs jerome was 10 take
his place in the case by announcing
that he had been ordered by Attorney
General Woodbury. to remain In charge
20 the end. This might mean until the
end Of time, 80 promising were the
prospects opened up yesterday to Thaw
lawyers for continuing the litigation in
his behalf almost indefinitely.
one matter was definite. A new writ
or hsbeas corpus for him was issued,
made returnable before Justice Blur.
Part II, Supreme Court, Friday morn
ing. II will be at least month before
this issue will come to trial, and if the
court orders it tried by jury there will
be probably a prolonged case. with ap-
propriatc appear atterward should the
case go against Tnaw.
Nav Appeal to United States Court.
Another method of prolonging the
matter was less definite. Thaw's law
ycrs arc considering the possibility OF
an appcal to the Supreme Court of the
United States from Justice Pages de-
cision refusing TO send him back to
Vow Hampshire.
The grounds would be that he was
deprived Of his constitutional rights.
II would DC something like two years
before 4 final adjudication of this point
would be reached. probably, and no
mortal coHld foIesce what other meth
ods Of litiGating the Dhaw problem
might develop meanwhile.
As TO Mr. Cook. he came INTO court
yesterday obviously IN much more
cheerful mood than he was the day be
lorc when nc announced that he had
been withdrawn from the case.
Are YOU In or out of the Thaw
casc?" he was asked
"l am in it," he replied, his eyes be
ginning 10 twinkle
Were you ont Of it""
II was" ne said. He is a tall, young
looking man. with plentiful supply OF
iIou-cray hair and poetic eyes. tie
smiled droamily.
IL was to go to the Court Of Claims
and resume my work there" he said
vncg asked to explain. "but when you
..vspapcr fellows got busy and the
CORE sroudents at Albany began dash
nP ~ 90 ask why was out ] got
telephone call ordering me TO stay. IN
rhc Thaw case 10 the end, and another
man would be sent to take my place in
he Court of Claims
Rules Against Thaw.
Franklin Kennedy. upon whom would
have fallen Mr.. Cooks mantle as chief
of the prosecution if Mr.. Cooks with
drawal had remained permanent did
not look so cheerful. Even the ruling
of tho court upholdiug the argument
ho made against returning Thaw to
New Hampshire did not seem to eX-
hilaratc him. I'm his ruling Justice
Page said:
Harry X ThaW having been brought
back TO this state from the state OF
New Hampshire by virtue Of inter
state eXtradition proceedings. and hav-
ing been tried and by verdict OF the
Jury acquitted Of the offence upon in
dictmeut for which lie was eXtradited,
motion has been made that ne be re-
turned to the State of New Hampshire.
There can be no question of the lack
o. good faith on the part of the State
Of New York. for the reason that Mr..
Thaw Was tried for the very offence
that was the foundation of the extra
dition. That ne was acquitted Of the
charge S. no evidence Of lack of good
faith either i'm obtaining the indictment
or instituting the eNtradition proceed
inEs.
"Whatcvcr doubt may have existed