Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-03-16
New York Court Refuses
to Release Prisoner to
New Hampshire.
LAWYERS ERECT @
ONE MORE BARRIER
Thaw's Attorneys Anticipate Advsrsd.
Decision and Obtain Writ Rsatralns
ing Clients Immediate Return %
Asyfum-Attendant in Court Ready
to Rush Thaw to oMattsawan-Asarin
on Writ Set For Thursday.

New York. March 16-Harry X.
Thaw will not be sent back to New
Hampshire by the state Of New Yoris
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 decision
today in disposing of the formal motion
to have Thaw returned to New Hamps
shire
In the meantime counsel for Thaws
as if in anticipation OF just such de-
cision, had obtained from Supremo
Court Justice Blur writ Of habaea
corpus which will keep Thaw In Tombs
prison till next Friday when he VIII
be produced in court.
Close Call For Thaw.
1t was close call for Thaw. a.
plans had been considered by the state
for returning him at once to his long
time residence in the hospital for the
criminal insane. Asylum attendants
were in the court room ready to rush
him there by omobile the moment q
motion for his return to New Hamp-
shire was denied. The motion for res
turn to New Hampshire was denied
but the writ of habeas corpus, which
had been served half an hour before on
Warden Hanley. Of the Tombs, pres
vented this
Feared Effort to Escape.
Sheriff Grifenhagen, OF New York
county had heard whisperings os rlos
to abduct Thaw during the brief ins
terval when he should be out OF War
den Hanley's custody going % ana.
from the court room across tho Drtdgoi
OF SiEt1s. Accordingly, the 6her10
armed twenty deputies with rovulvesp
and scattered them thruout the crow
that packed the court room. Naa
more armed deputies wero sprlnk1o4
among the crowds in tho corf1009A Nj
Il am taking no chances" the sheriff
said. 'T am well heeled for an AhS
duction."
Smile Fades From Face.
Thaw entered the court smiling and
confident. When the decision was an>
nounced his smile changed to q frowns
A moment later two OF the sheffffs
deputies led him away to the Tombs.
Justice Page took occasion to come
ment on his decision to speak OF thS
good faith displayed by the state OF
New York toward New Hampshire.
There had been no evidence the
court held, to> warrant the charge that
Thaw had been brought back merely
to be sent back again to Matteawan.
Nor had there been adduced any rea-
son why Thaw should be sent back to
New Hampshire.
Thaw was to go back to Matteawan.
Justice Page decided. upon the old
commitment of Justice Dowling.
Next Step Thursday.
The next step in the litigation to
keep Thaw out of Matteawan will be
taken Friday l~sore Justice Blur, upon
return of the writ OF habeas corpus.
1t is expected an effort will be made
then to have the question Of Thaw's
sanity decided by a jury.
Mr.. Stanchfield, Thaw's counsel.
said:
The motion to have Mr.. Thaw re-
turned TO New Hampshire and !ts de-
NAL are without precedent in law. In
a case Of this kind where mans
sanity and constitutional rights are in
volved, it seems to me the matter
should be settled by the supreme
court