The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1915-04-17
Appellate Division of New
York Supreme Court Sus-
tains Judge Page
CAN'T RETURN TO
NEW HAMPSHIRE
Plans Now Being Formulated to Take
the Case to the State Court of APP
peals-Decision Came as Great Sur
prise to Thaw's Counsel.

NEW YORK, April Hilary Ken
dali Thaw was yesterday ordered back
to the state hospital for the criminal
insane at Matteawan by the appellate
division of the New York supreme
court. In an opinion concurred in by
all The justices, the court affirmed the
denial by Supreme Court Justice Page
of motion TO return Thaw to the ju-
risdiction of the state of New Hamp-
shire, whence he was extradited to
stand trial for conspiring to escape
from the asylum, and ruled that the
original order committing him to the
institution was still valid Plans are
now being formulated to take the ease
TO the state court of appeals.
A decision adverse TO Thaw came as
a great surprise TO his counsel. They
had built their hopes Of action favor-
able to their client upon remarks made
! by three Of the appellate justices when
the appeal was being presented. The
! justices gave it as their opinion that
/ there was involved in the case ques-
| ton of the good faith of the state Of
| New York in refusing to return Thaw
| to New Hampshire. In the decision
| Of Yesterday. however the court held
that in returning involuntarily to the
| New York jurisdiction Thaw was sub
| ject to no promise or inducement, and
| that New Hampshire had only done the
| duty expected Of it when it returned
him to New York to answer for 4
crime for which he had been indicted
The order of the appellate division
carried with it the provision thai
Thaw could not be taken from New
York county until five days he'd
elapsed. This action. it was explain
ed, would have been taken, no matte.
what the decision, SO that counsel foI
the losing side might take action
deemed necessary, such as filing a no
tiee Of appeal
The writ Of habeas corpus sworn
out IN Thaw 5 behalf after he was ac
quilted of the charge of conspiracy i,
finally returnable on Monday. ~
that time counsel will present argu
ments urging that their client h,
granted permission to have jury lie
termine his present mental condition
Should a decision unfavorable TO Thav
be forthcoming by Wednesday, the
state viii have the right to return hin
to Matteawan forthwith, providing hi
counsel shall have not secured q stay
Of execution in the order committing
him to Matteawan, pending appeal
Thaw s lawyers may secure such
stay today or Monday Thaw himself
refused last night to comment upon tn,
action of the court.
The opinion of the appellate division
covered L typewriter pages and wa
written by Justices Hotchkiss an,
Scott Justices Mclaughlin, Clark,
and Ingraham concurred in the result
The opinion began by sketching tn
case of Thaw from the time of thu
: killing of Stanford White until Thav
was extradited, and went on to sa,
that the motives which may have in
| fuenced those who procured Thaw
return to New York state have moth
: ing to do with the case, and that h
may be discharged only when by du
process of law he shall have been as
certained to be sane. All things con
sidered, that part of the opinion writ
ten by Justice Scott asserted, the fac
4 remains that Thaw is now in New
York state and there is valid com
mitment against him for his restrain
/ as person of unsound mind. Tn
opinion concluded as follows:
"It may be that the state would b
well rid of so troublesome a guest, an,
> that in view Of his acquittal it is T.