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ggision Was Rendered Today Which Re versed Ruling of New Hampshire Federal Court. IpS WERE UNANIMOUS IN VERDICT Ch$^Escaped in August, 1913, From Asylum Where He Was Confined After Two Trials for Murder. ^Asfioci&tcd press ^WASHINGTON, Dee. 21.?The Supreme Court to iy/reversed the refusal of the Federal Court in New lampshire to extradite, Harry K. Thaw to New York. The effect of today's decision is to cause the extradi- , jaorvofThaw from New Hampshire to New York at once. . *|; ;0n August 17,1913, Tha'w escaped from Matteawan isane hospital in New York, where he had been confined 'Iter two trials for the murder of Stanford White. Charg |$th conspiracy to escape, he was finally arrested in few-Hampshire. He was indicted in New York on that large, and application for his extradition was made to pw Hampshire. Extradition was ordered by the gov rhor.Qf New Hampshire, buft on habeas corpus proceed ings in the Federal District Court, Judge Aldrich held iat Thaw should be release'd. ^ justice Holmes announced the Court's decision to ay. He first overruled the contentions that it was not crime for- a man confined in an asylum to walk out if he Suld, and that therefore conspiracy to do so was not a *" afe., i fie'-jdo not regard it as open to debate that the with Ga^ifby connivance of a man from an insane asylum to ^i^Ke has been committed as Thaw was, did tend to ob due administration of the law. At least the ffewSYork court may so decide. Therefore the indict ment charges a crime. If there is any remote defect in rejearlier proceedings by^which Thaw wais committed, T^ich we are far from intimating, this is not the time idlpjace for that question to be tried." Bllce Holmes said the most seri , Sr^umeiit-for Thaw was that If ha ro Insane.'.when ho contrived his es IffleSiould Hot he guilty of 'crime iwere not insane he was en cP'discbarged and that his JHement aiicl otlier facts In the cord'rcquirecl the Supreme court to gtrame^hat ;he was insane. EBut'thts is not Thaw's trial." com aented the Justice upon the line of "n'ent'- '? he" extradition proceedings even Sienfas here a human opportunity is fr6rded%1o>. test them upon habeas "pus theN purpose of the writ is not .Jjjbstltute the Judgment of another b'unatjupon the fact or the law of Sejmattier to be tried. The constltu nothing about habeas corpus ?hat.; connection, but premptorily ?ajttiat upon proper demand the sons charged shall be delivered up or^removed to the State having isdlction of the crime. There is jjdiscression line, no inquiry into ootives. Tie": technicalities of the indict ment is not open and even if it be true that the argument stated offers a nice question it is a question as to the lav of New York which the New York court must decide. The statute that declares an act dons by a lunatic not u crime adds that a person is not ex cused from criminal liability except upon proof that at the time 'He was laboring under such defect of reason as. Number 1, not to known the nature and quality of the act he was doing, or Number 2, not to know that the act v.as wrong.' \ "The inmates of lunatics asylums are largely governed, It has been re marked by a appeal to the same ran tlve that govern other men, and it well might bo that a'man who was insane and dangerous, nevertheless in many directions understood the nature and qualities of his act as well, and was as open to be effected by the motive of the criminal law as anybody else. How far such consideration schall b taken Inlo account il Is for the New "York courts to decide as it is for w New York Jury to determine whether at the moment of the conspiracy Merry Xmas M m m. ? B$vi . THE DIMES, NICKELS and PENNIES niat you are daily allowing to slip away for trifles pill soon grow into a sum sufficient to buy a lot of nice presents for next Christmas, if you pay them .... ^weekly into our MAKE IT A SURE THING sm. n JOIN NOW Christmas Savings Club irst national bank Fairmont W. Va. r. - HARRV K. THAW, Slayer of Stanford White, who must return to Matteawan A?ylum. Thaw was insane in such sense as they may be instructed, would make the fact a defense. "When as here, tho identity of tlv person, the fact that he Is a fugitive from Justice, the demand In due form the indictment by a grand Jiiry for what tha Governor of New York al leges to be a crime In that state and the reasonable possibility that it may be such* will appear the constitutional ly required surrender Is not to be in terfered with by tho summary pro cess of habeas corpus* upon specula tion as to what ought to be the result of a trial In the place where the con stitution provides for its taking place. We regard It as too clear for lengthy discussion that Thaw should be deliv ered up atonce. Try Thaw for Conspiracy. WASHINGTON. Dec. 21.?Legal au thorities who have followed the case pointed out today that New York, with its custody of Thaw secured, must now direct his trial for conspir acy or make and annul the indictment and return the prisoner to Matteawan, or it might return him to 'the asylum, in this regard of the iniildent. Dur ing the argument of the case before the Supreme Court, Chief Justice White Intimated that immediate im prisonment of Thaw in Matteawan after his return might glvo rise to an other habeas corpus proceeding to de termine whether a federal writ had been denied by; putting him in an asylum after extraditing him for con spiracy. Thaw Makes No Comment. MANCHESTER, N. H? Deo. 21.? Harry K. Thaw received without com ment today the anouncement from Washington that the Supreme Court had reversed the decision of the Fed eral Court in New Hampshire, whlcn refused to extradite him to New York. His secretary, speaking for him, after manifesting surprise said: "Mr. Thaw had no comment to make." Any statement regarding the court's ac tion will have to come from his coun sel, Philander C. Knox, in whom Mr. Thaw has overy confidence." Thaw received the news through a press dispatch. Tomorrow Is Red Cross Day EVERYBODY WILL WEAR A STAMP ON DRESS OR LA PEL OF COAT. Tomorrow is to be known as Red CrOBs Stamp Day in Fairmont. Got ready to wear one of these stamps on the lapel of your dress or coat. Al ready over 25,000,000 of these stamps have sold throughout the land. All the funds derived fr.om these sales are used In the fight against tubercu losis. The Interest In this war of general interest in the public health against this dread disease Is greater than ever before. . In all the great dailies in--the larger cities striking ed itorials are fonnd urging the public to get into this fight, and folks are lining up. Fairmont Is never behind in good works. Make tomorrow memorable by wearing a Red Cross stamp. By this plan you will do two things?you will aid financially, and will also add to the general Interest In the work of the local Anti-Tuberculosis League. Stamps will be found In the lead ing stores and In the lobby of the postofflce. John Jackson and His Fam ily Have Narrow Escape When the Store,of the New Central Coal Company at Baxter Burns. LADDER NOT AVAILBLE BLANKET ROPE IS USED Mrs. Jackson's Back Was Badly Wrenched When Her Hold on the Rope Slipped and Mr. Jackson Was Un conscious for a Time. The store of the New Central Coal and Coke Company, at Baxter, -was totally destroyed by Are this morning which was discovered about 3:30 o'clock. John Jackson, store mana ger, and his family had narrow es capes with their lives. The building, a three stor struc ture, was a mass of flames when tho Are was discovered. Mr. Jackson and his family lived In the third story above the store. There was no way for them to reach the stair and lad ders were too short to permit them to escape in that way, and Mr. and Mrs. Jackson tied blankets together, mak ing ropes. Mr. Jackson let his child, Elizabeth, Margaret Lochner, a niece: May Allen, a girl staying in the Jack son home, safely down to the ground. They escaped without a scratch. Mrs. Jackson was less fortunate. She wa3 descending the improvised rope and was about half way down when her hold slipped and she fell. Her back was badly wrenched and there were several contusions about her body. Mr. Jackson succeeded In getting out, but fell exhausted at the grounn when he landed. He was unconscious for a time. Ho was carried to Web er's home nearby. Later when tlw Weber home was threatened with de struction he was carried to another neighbor's house. The water plug near the Btore build ing was frozen up and for a time this cut oft the water supply, so there was no way to' combat the flames. The .enttre village, turned out/ arid made heroic struggles with no avail so far as the store was concerned. A little later when the water plug tbawed out a string of hose played on the buildings near the store and all of them were saved. The property loss, both to the build' ing and the store, Is estimated at $20, 000 covered by Insurance. Mr. Jack son and his family lost everything that they had. It was with the great est difficulty that they were able to escape in their night clothes. The origin of the Are is unknown. Ail of the fires in the building were turn ed off last night. Mr. Duncan Sinclair, of this city, president and general manager of the company, is in the East and at the time this Is written has had no com munication bearing the intelligence of the destruction of the store. The news of the distressing occui rence created much excitement in the city this morning where the Jackson family is well known. Mrs. Jackson Is a daughter of Mrs. Margaret Montgomery of Benoni ave nue and a sister of Miss Virginia Mont gomery of Hartley's store. In the rear the building was thrte (Continued on Page 10.) Prohibition Bill Comes Up Tomrrow By Associated Press. WASHINGTON. Dec. 21.?Represen tative Hobson, of Alabama, and other supporters of national prohibition, were actively at work today lining up their forces for tomorrow's encounter in the House when the rules to take up the Hobson resolution for submis sion to the states of a constitutional amendment for nation wide prohibi tion will be votod upon. This iBsue ov ershadows other questions before Con gress during the week. Soldiers to Keep Repentance Day Bt Associates Press.] AMSTEEDAM, via London, Dec. 21v ?An Amsterdam newspaper learns from Cologne that the archblBhops and bishops of Germany have ordered that January 10 be kept as a general repentance day by the Catholics in the army. The priests In the field are charged to encourage the soldiers to participate as much as possible. ZEPPELIN FIRE KILLED NINETY Eighteen Bombs Were Drop ped Which Demolished Two Houses in Warsaw. FIFTY OTHERS WERE WOUNDED ?ZEPPELIN ESCAPES WITH OUT INJURY. By Associated Press. LONDON, Dec. 21.?A dispatch to the Exchange Telegraph Company from Amsterdam says: "The Germans have evacuated DIx mude, but the report that the allies have taken Middlekerke is untrue." Kaiser Recover!. Emperor William has so far recov ered from his recent illness as to re turn' to the front. Here he will spend Christmas. The dispatches from Ger many do not say to which front his majesty has gone, but earlier advices from Berlin lead to the belief that he bas turned westward. Precautions Are Joke. A prominent neutral traveler who reached London today from Berlin expressed the opinion that Germans are not thinking seriously of a Zep pelin invasion of England. Accord ing to this observer, they regard the apprehension and precaution against eppelln attacks taken in London and other English cities as a great Joke. Zeppelin Drops Bomb*. LONDON, Dec. 21.?A Central News dispatch from Rome says that, ac cording ta^a report from Warsaw, that city was bombarded yesterday by a Zeppolln. Eighteen bombs were dropped, de molishing two houses and killing 90 persons. Fifty others were wounded. Later six bombs also were dropped from a German aeroplane, but small damage was done In this supplemen tary bombardment Churches To Have Union Prayer Week ARRANGEMENTS WERE MADE AT MEETING OF MINISTERIAL ASSOCIATION TODAY. MINISTERS OF VARIOUS CHURCH ES WILL PREACH IN FIRST BAPTIST EDIFICE. At the meeting of the Fairmont Ministerial Association held Monday morning arrangements were made for the union week of prayer which will be held in the First Baptist church beginning January 4 and lasting through January 8. The preachers to deliver sermons are Dr. Clarence Mitchell, of the Central Christian church, who will preach Monday night; Dr. L. K. Probst, of Grace Lutheran church, Tuesday night; Dr. Harry C. Howard, of the First Meth odist church, Wednesday night; Dr. J. C. Broomfield, of the People's Tem ple, Thursday night; Dr. W. I. Can ter, of the Methodist Episcopal church, South, Friday night. Dr. H. G. Stoetzer, president of the associa tion, will preside. Woman Kills Wildcat With Trusty Rifle LADYSMITH, Wis., Dec. 21.?Mrs. W. 0. Smalley is gaining recognition for her powers asa huntress. With her trusty rifle she brought down a monster wildcat Facing the animal with coolness until it had approach ed within forty feet of her and was preparing to spring, she gave It a bullet squarely through the head. The animal weighs sixty-eight pounds and measures 4 feet and X Inch from noBe to tall. Though a |6 bounty Is collectable on wildcats upon presen tation of the scalp at the office of the County Clerk, Mrs. Smiley has preferred to have her trophy mounted by a taxidermist Official FRENCH REPORT IS SUED FROM par's. Progress all along the lines is claimed in the Fronch official statement given out in Paris thiB afternoon. There is not one single mention of a German suc cess or a French repulse. Chang es, although slight, are recorded in Belgium, between the Lys and the Alsne, in the Champagne country and in the Argonne. At one point an advance of 1, 200 yards is recorded, and at an other the French made 600 yards gain* Progress has been made be tween the Argonne and the Meuso on the right bank of the Meuso and on the heights of the Meuse. The French heavy artillery is described as having been success ful on the Aisne, near Rheims and elsewhere. One-Armed Man Kills 2 Rabbits at 1 Shot marshalltown, la., Dec. 21.? Killing two rabbits with the discharge of a single barrel of a> shotgun Is a most unusual experience for any j hunter, to say nothing of the accom plishment providing the hunter has but one arm. Such a feat was the experience of Dewey F. La Plant, a Western Union telegraph operator of this city, who lost his left arm 20 years ago this winter hunting rob bits. . . The other day La Plant went out rab bit hunting, the mere fact that he had lost an arm at the game never having caused him to be "gun shy." A rabbit got up ahead of La Plant and when it -was far enough away so that La Plant thought ho wouldn't shoot him to pieces, ho pulled the trig ger. The rabbit fell dead in his .tracks and the very instant that La Plant shot another rabbit turned a somer sault and fell dead within a few feet of where lay the rabbit La Plant had, shot at. The second rabbit happen^ ed to be in direct line also to recelru the charge from the point "where ho was hiding, and La Plant bagged two at the expense of a single shot. Sentenced to Hang Date Amuses Victim BOTTINEAU, N. D., Dec. 21.?Jos eph milo, convicted murderer of J. N Karst, smiled when Judge Burr sentenced him to "hang by the neck until dead" Friday. August 13, 1915. The fact that Friday the 13th was the date selected for his execution seemed to amuse Mllo, for he made no effort ot restrain a chuckle. it will be the first execution in Nortu Dakota in ten years. Weather Western Pennsylvania?Fair tonight and Tuesday, much colder tonight. West Virginia?Fair tonight and Tues day, colder tonight. * READ the WEST virginian ? ? It l( on sale each evening at ? <. the following places: fairmont. * % Fairmont New. Agency, * Monroe street. * <. Marlon News Agency, Main . .> street. $ a. Q. Martin's News Agency, ? c- Main street. ' <, J. H. McCloskey, Drug Store, '/ <. Locust avenue. j <. Hamilton Drug co, Tenth ? <, street. ... Moran and Springer, Water v <. street. <. J. B. Rose, Wsln.St. and <? ? Parks avenue. * , Holt's Novelty 8tore, Main t ? street .. . ? Clarence Fisher, Grocer, Mar- <? ? ket and Columbia 8t?, First ? ? Ward. _ . Howard C. Cunningham, Qro- ? <? cer, Morgantown ave, near <r <? Owens' Works. ^ mannington <? ?. Smith and Mtllan News ? ? Agency. j ?, farmington * F. G. Gray, Grocer. ? POLISH GUI Germans Are in TwO| March of Warsaw but Strong Opposition. AUSTRIAN8 ATTEMPT TO|SSul SERVIA ABUNDANT FOR A TIME. ?The great b?t By Associated Press. LONDON, Dec. 21 tle to the west of Warsaw, hM>T.etjto be fought out judging from Indications conveyed In recent dispaUtiSirp Berlin and Petrograd. " ? ' It appears today, to Brltl&'miBtMixj observers, that the Gennuif"-?5^ tlon. that Gen. Von Hlndinbi scored a notable success oVe?SSsitinsj must be qualified. A parallel^caiS found In recent claim of a^crushl Russian victory near Lodi whlch'Tiul sequentlv proved to be, premate^ exaggerated. The German army comnSHli Gen. Von Hlndenburg, hagjj made steady advance in the directly Polish capltol but' the Russian^: lng back appear to hayejfik;^ positions In Btrong entrenchmeni In cr?tto of the fact that?|tfilj|lnvad< ?'?n two or three/tfaysjjr ? Warsaw, there is goo<i' reaso: lleve that much hard flgfi^ come, before it can be'.fdetermini vbetber or not, this latest a/' occupy Warsaw "will be c: success. >.,i RUSSIANS DBIVENjSblfj Along the southern tnraSeiQ Prussia the Russians ctaffij*' the upper hand but furtb couth, in southern FoIand'afjM Galicla, the leaders of -Austrojr forces reclare .theirsre^s^egi Russians before them.'-^TH that the long seige of the' further that they have clef [plans out of West OaUetaj^tt^ that the long selge of Cracow, been raised, and If thla'jadTan' the part of the Teuton allies? ues it may bring slmllir ToUef to Austrian garrison at Priem: selged by Russians since the days of the war. A vigorous Austrian offensive arena of hostilities has nflceBria1f of many <robps|herel used against Servia, andfyhi dications, that the Austrian attempi crush Servia, will for :^^me, abandoned. Proprietor Is MurdeiM In Own Hi DIES WITH HALF A DOZEN wounds in HielT^ BODY. $200 AND A DIAMOND Rll MI88IN0?ROBBERYageB ABLE MOTiyeS Br Associated Press. ,* CLEVELAND, O.. Dec. 21.?"V Troy, BO. proprietor ofjtev; tels, was stabbed to deatl"' in the Troy hotel here There were a half dor' In his body. The fact^JSjp of Troy'B money and?a|^am3 were reported missing caui lice to work on ? bery prompted the crime, cide theory, howeyejSJ abandoned. The police the death of the hote: woman's voice over .the; said: O' *ur old friendS having been stabbed jiljl Better come over and look Who called the policej" determined. ~N01 All Uiuori^jBSS will close all dang be open Tlit p. m.