The Birmingham age-herald., 1913-09-14
Federal Judge Grants AppIi-
cation for Writ of
Habeas Corpus
FUGITIVE SPENDS
VERY QUIET DAY
Mrs. Thaw Telegraphs Felker Asking
Impartial Hearing for Her Son.
Arguments of Thaw Are
Outlined by Counsel

Colebrook n. H., September 13.-The
perpetually recurring writ of habeas cor
pur. which has so often dotted the career
of Harry X. Thaw since his Incarceration
in Matteawan as the insane slayer or
Stanford White, cropped up again this
from New Hampshire. This time, and for
the first time I'm the history of Thaw's ef-
forts to regain his liberty the writ was is-
sued by a federal court
Federal Judge Acts
United States Judge Aldrich of the dis
trict of New Hampshire granted the ap-
plication of three OF the Thaw lawyers,
Martin. Shutleff and Olmstesd. and made
II returnable at Littleton on Tuesday
next. william Travers Jerome. specially
deputized to take the fugitive back to the
asylum. heard the news with i'll grace,
and characterized the move as one of bad
faith. There had been gentlemsn's
agreement, he said that neither side was
to make court move pending the extra
dition hearing before Governor Felker in
Concord next week
The Thaw lawyers led by Moses II.
Grossman, said the writ was one of ex-
pediency and had ben obtained to meet
an emergency should the governor refuse
full hearing on the extradition matter
and sign the requisition warrant, forth
with turning Thaw over to officers of the
state of New York They had reason to
believe how. they added, that fun hear
ing would be accorded the fugitive, and
in view of this It was probable they
would request on Tuesday that the habeas
corpus be continued.
1T seems to me-. said Jerome grimly
that this is trifling with the federal
court. I should hesitate to apply for
writ in such circumstances.
Quiet Day for Thaw
Thaw spent a very quiet day. There
was no court hearing here, ~ has not
been definitely decided when he Will he
removed to Concord. but he will likely re-
main here until the governor sets date
for a hearing, which may be Wednes-
day of next week or later.
Tonight the fugitive gave out a telegram
which his mother, Mrs. Mary Copley
Thaw, sent from Montreal TO Governor
Felker. He added that she would noe
come here at present in view of the un-
certain status of affairs. This Ia her
telegram:
ITO His Excelleney, Governor Felker:
II address your eScellency in the inter-
ests of my son. II. X. Thaw, who after
being deprived Of the liberty the average
acquitted man would Immediately have
received after q verdict of mot guilty
upon the ground of the defendants in
sanity at the time of the commission of
the act charged under the Indictment
has for five and a half years endured un-
told hardships and indignities in one Of
New Yorks worst penal institutions.
Finally he took the only recourse left, a
flight for the freedom denied through
malice
May l beg that your exceIlency Will
a fair and impartial hearing during the
impending proceedings. Yours very sim
cerely. MARY c. THAW"
Most of the Canadians who followed
Thaw across the border and in their SYM
pathetic enthusiasm spoke openly of their
desire to assist him in another break for
liberty, had left Colebrook tonight, and
the talk of kidnapping, SO rampant for a
few days. died down considerably. The
Thaw lawyers in yelled remarks still Goa
tended that they feared strong arm
work on the part OF the authorities from
New York and the guard about the fugi-
tive's room was maintained tonight as
usual though somewhat diminished
Defense Is Outlined
The Thaw counse, In charge of plans of
resisting extradition issued tonight a
statement outlining in general way
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Continued nm pace Elewe~S