Salt Lake Herald-Republican | 1913-08-22 | Page 4 | Must Base Request for Extradition on Charge of Conspiracy

Must IlIst Base Request for foi Extradition Ext on Charge of Conspiracy New e York N X T. T Aug 21 Ex Examina Examina Examination tion of the statutes of New Hampshire and Vermont do not veal reveal authority for the extradition of or Thaw from either elther of at those states to New ew York on the ground round that he is 18 an escaped lunatic The statutes covering extradition reAte relate relate re- re late Ate only to fugitives from tram justice from Crom another state who must be charged with 8 a crime committed in that state This was the interpretation of the statutes of the two states given by competent attorneys of ot this tills city t today day It was pointed out that the warrant charging Thaw with conspiracy Issued b by jy tho the authorities of ot Dutchess county N. N tf Y y could be mado made the basis for cx- cx proceedings It was held that If the question were then hen brought up In the state where eXtradItion extradition ex- ex tradItion was sas asked that Thaw being Insane could not have committed a l that that this question could not be bo adjudicated b by the authorities of that state The question would be for tor the NoVo New ew York state authorities to decide after his extradition It was said V Decision of or the time United States supreme court in tho the matter of ot extradition between between between be be- tween states holds that whether the charge brou brought ht is legal al and sufficiently sufficient ly laid in the indictment Is a judicial question to be decided b by the courts of ot the state In hI which the crime was committed committed com corn and not b by the executive author author- of the state upon which the demand demand domand de do- mand Is 18 made Thaw once brought back In this manner mannor man man- nor ncr the question would then come up in the he state Mate of oC Xe New York as to whether being A R lunatic under the laws Jaws of that state he could be tried on tho the count of ot conspiracy Whether hether or not he lie would be bo In n th custody of oC the New Now York au au- nu- nu a and 1111 there would be bo nothing to prevent his in Mat Mat- it was said