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Show THAW CASE CALLED R SUPBEME COURT Extradition Matter Argued at Length and Is Under Advisement QUESTIONS ARE ASKED Members of Bench Put a Number of Queries During Dur-ing Hearing WASHINGTON Dec 11 xtradi tion of Harry K Thaw from New Hampshire to lw York to answer an indictment for consp racv to obstruct justice by escaping from Matteawan insano asylum was taken nder coo sideration today by the supremo court after 1 steniBjr to oral argun cnts The casa uan e up on appeal fro Justice ldrich 8 deciB on n tho fod eral d strict court of New llaoipsh ro releas nx Thaw in habeas corpus pro ceediugs from extradit on Question after question propo nded by members of the coi rt ns to tho soundness of content ons subm tted b Thaw s attorneys and an a ra nu e t bv the litter of counsel for the state of Neiv lork for drag)? ng to he case Thaw s wealth wero t e fea tores of the argun cnt Rumors Are Rife Talk about the courtroom after the argument md cated that sho Id the court rcerse Judge Aldri h and permit extradit on Thaw m rht bo adv se 1 to plead jruilt to tho charpe of coup r acy as a sano person with the dea of gain ng freedom bj serving tho max mum sentence of one 3 ear for consj 1 racv ill am Travcrs Jerome opened the argument with the declarat on that Thaw was a fngitivo from jut ce charged with committ ng a cr me n New lork Franklin Kennedy depity attorney general of New York argued at length that the law under wh ch Thaw was committed to ilatteanan after the k llinjr of Stanford AYh te was constitutional Chief Justice Wh te asked h s f rst quest on when Ph lander C Knox for mer Beerctarv of state argued that onlv those who had eomm tted crime could be extrad ted and the state of New York was precluded from setting up a contention that Thaw had con nutted a crime by five dec sions of its courts that he was inane The chief justice suggested that a man m ght be insane one da and declared sane the next. To this Mr Knox replied that the presumption was that Thaw ro mairied insane Stone Interrogated 1 William A Stone former governor of Peansylvania was interrogated closely by most of the members of the bench during his argument that the n dictment of Thaw for conspiracy was not valid, and therefore no crime was charged in it His posit on was that the indictment stated Thaw was insane and therefore on its face t showed he could not commit a crime ' Does the indictment stat Thaw s insanet Ju'tice McKenna lnqi red It favs he was in an insane s lum Mr Stone answered Well if Thaw s automob le had broken down on his journey could he have be indicted lor stealing another onet the justice insisted Not if the ind ctment set out he was insane Justice Pitney suggested a person might be in an insane asvlum and jet have lucid moments The burden is on the state to show that he had become sane the attor ney asserted ' But can the tmrden of proving that be cons dered on habeas corpus pro ceed ngsl the justice asked Arguments were not finished when adjournment was taken |