New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-08-27
IMMIGRATION OFFICERS
MAY GET THAW TODAY
Plan to Drop Fugitive from
Justice Charge and Have
Him RearreSted.
PRISONER WANTS $4,000.
Expecting a Long and Expen-
sive Fight, He Telegraphs to
Pittsburgh for Funds
Jerome Puzzled.

From staff Correspondent OF The Tribune
Sherbrooke. Quebec. Aug. 26-Fol-
lowing the action of Harry X Thaws
attorney in Withdrawing the writ of
habeas corpus by which his lawyers at
first sought to obtain his release from
the charge of being fugitive from
justice, the opposing attorneys made
a counter move tonight which bodies
IN for Thaw's plans
s. ". Jacobs of Montreal, who has
been retained by the American officers
as their Canadian counsel arrived
here tonight He had been advised
Of the situation.
He said that tomorrow Crown Pros
ecutor Nichol would appear before a
magistrate and ask to have Thaw
brought into court. He will then move
that the charge Of being a fugitive
from justice be dropped on the ground
Of insufficient evidence This would
clear the way for Thaw's immediate
arrest by the immigration officers. Mr.
Jacobs said.
Dr. Raymond f. c. Kieb, superinten-
dent of MatteaWan, arrived at midnight
tonight. He said that he had been
asked TO come for the purpose of iden-
tifying Thaw and testifying that he
had escaped from confinement at Mat
teawan.
Justice Globensky arrived from Mon
treal late tonight. on the same train
there were six grenadier guards sent
by the Minister of Justice to accom-
pany Thaw from jail to court.
Apparently convinced that the way
has been opened w for a long and eX-
pensive fight. Thaw telegraphed to-
night TO the Orphans Court Of Ale
ghany County, Penn, for $4,000 10 be
paid 10 him out Of a sum. said TO be
100000. which he says is held for him
by the Fidelity Title and Trust Com
pany, Of Pittsburgh.
The opinion was expressed by one of
the attorneys for the prosecution that
the discontinuance of the writ OF
habeas corpus meant that he was now
liable TO arrest under the immigration
laws. Heretofore, he said. it was
plainly a principle of Canadian law
that he could not be arrested on any
new charge as long as the writ Of
Eabeas corpus was pending.
on the other hand. Thaw's lawyers
express confidence that he cannot be
arrested as long as the charge against
him Of being fugitive from justice re-
mains. Nevertheless. as if aware that
he might be arrested by the immigra-
ton authorities, they were careful
enough to take the precaution Of re-
serving the right TO renew the applica-
ton for the writ of habeas corpus at
any time
Sets Jerome to Thinking.
What might be behind this new shift
on the part of Thaw's lawyers re-
NAMED a secret with them. William
Travers jerome and the other Ameri-
can officers here to attempt 10 take him
back to the United States admitted they
we're completely puzzled by II, We're
il not for the rider reserving the right
10 renew the application for the writ
OF habeas corpus at any time, they SAID
they would take the writ Of discontin-
uance 10 show that Thaw's lawyers
were at last ready to allow him TO be
brought before the immigration Board
Of Inquiry to fight out the question
whether he was liable TO deportation
either as an undesirable alien or be-
cause he had entered Canada by stealth.
Thaws lawyers seemed satisfied to-
night with the confusion their new
move had caused.
Let the lawyers on the other side
take the first step" one Of them sale
smiling. our next step will depend
entirely upon what they do
The other side" may attempt TO
force Thaw's arrest under the alien
laws. or if they decide such action IS
blocked by his present commitment as
a fugitive from justice, they may APP
Dll 20 JlSllDt blobfllohy w "N' - 49,
for him TO plead 10 the charge. Then
they can move the dismissal OF the
charge for lack Of sufficient evidence,
and II they succeed In having the case
dismissed this will leave Thaw in the
he~Nas Of the immigration authorities.
Either course would suit the tina"
lawyers, as il would force those against
him 10 make the first move in the game
Of legal chess they are playing. The
position Of the Thaw lawyers on the
boar7l now seems be that they have
multiplied the means by which thcj
can check the lawyers against hln
whatever move they may make.
Foes Seek TO Open jail Door.
1T has caused this novel situation
said W. X. McKeown, Of Thaw's coun-
sci. that the lawyers against him want
10 get him out Of jail more than any
body. We can check them If they at
tempt this bv the rider reserving the
right 10 renew the application for The
writ OF hebeas corpus. If they try to
bring him to trial on the charge on
which he is now held the same move
may serve the purpose Of further de-
lay.
1t is also possible for him to demand
q furv ,riaI hofore the Court OF Kings