Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-08-22
ThaW's LawysfsDecidsNot
To Fight Extfadhion,
But TO Submit, With Ihax 10
Name Point Of Deportation.
TTEas
Hearing on nabsas eoFpss Writ Is
Set for Wednesday, Augast a.


Wednesday of next week. barring un-
foreseen developments, Harry Kendall
Thaw will remain in the Sherbrooke
Jail. That day he is to be arraigned
habeas corpus. Between now and that
time his battery of Canadian lawyers
hope to perfect plans not to thwart
deportation, but to submit to it grace
fully-to point selected by Thaw.
This in brief was the status, tonight,
of Matteawans fugitive. Ignorant of
the moves made by his lawyers, Thaw
has passed his time pacing the length
of the narrow corridor in the Sher-
brooke Jail, and was not even aware
that the writ of habeas corpus in his
case was served on the jailer, this af-
ternoon, and that, but for a timely
telephone message, he would have
been produced in court, today, with a
bench warrant
This incident. variously described as
blunder, a case of observation-disclosures
and an error due to hurry, arose after
Superior Judge Globensky failed to spe-
city in writing that the writ was re-
turnable before him, Wednesday next
He had set this date in chambers, but
the writ reading 'Instanter'' which
was served on the jailer, set that Of
fetal into action and he had called a
carriage and ordered Thaw to dress
for an outing, when telephone mes
sage from the Judge informed him that
the latter was leaving for Montreal,
not to return here as court judge,
until next week.
Meanwhile, District Attorney Conger
of Duchess county, New York, Deputy
Attorney General Franklin Kennedy of
Albany, and others primarily interest
ed in getting Stanford Whites Stay
er across the border, seized on, the
possibility of Thaw's immediate pro-
duction and sought to find another
judge before whom to arraign him.
But jailer or Governor" declined to
surrender the prisoner until he had
consulted with Sheriff Ayfefner Later,
after reading the writ carefully, he
said that while no time for its re-
turn was stated, he had understood
from the court that Wednesday, was
the day and allowed Thaw had better
stay in Jail.
Mr.. and Mrs. George Lander Car
nege, Thaw's brother-in-law and sis
ter left town, tonight Mrs. Thaw,
the mother, would not come here, they
said
Rumors sprouted meanwhile that the
New York authorities were trying to
lidnap Thaw; that an automobile was
ready to whirl him to the New York
line; that an open clash, perhaps in
street haft1a VIC inv <>fy{ env
from New York had protested at post
poning the proceedings, until Wednes-
day, but their protests failing, had de-
cided to bide their time. hoping that
when arraigned Thaw would be re-
leased as a fugitive and promptly
snapped up by the immigration author
tiles as an undesirable alien.
Thaw's lawyers said. tonight. that
they were well satised with the events
of today. They feel now that Thaw'a
fate, SO far as the Canadian authori-
ties may influence it, is practically set
tied. The departure for Ottawa. early
this morning, of w. L. Shurtleff was
the first step in a plan to procure
Thaw's removal from Canada. without
prolonged legal proceedings. All OF
them profess to believe that the minis
ter of the interior will aecede to the
request that Thaw be permitted to
nominate his destination in return
fer submitting without further pro-
test to deportation.
Those who are advising Tliaw, among
them some of the ablest criminal law
yers in Canada. said, tonight that they
were confident that the government
will XEaipnnna CHI of
problem with which Thaw's arrival so
suddenly confronted them. No one con-
tends that Thaw has violated single
law of the Dominion. unless it be that
enc which provides that no alien may
enter Canada without special permit,
within five years after he has been an
inmate of an asylum for the insane.
I'VE have. and we shall retain the
best available counsel for him." said
Mr.. Carnegie, land we are well pleas
ed with the progress Of the case to
date. OF course 1t would be very
fine if Harry could have secured his
freedom without all this trouble. but
1 feel certain that his days of confine-
ment are now very few. 1 am leaving
here because my wife and I felt that
we can be OF no more help at present
I have telegraphed to Harry's mother
that there is no need of her coming
here"
Asked point blank. Just before he
stepped on the train if the Thaw fam
lily would support the five men who
managed Thaw's escape by automo-
bile, Carnegie shrugged his shoulders
and said:
well, of course, we expect to do the
proper thing
At the parlors of Grace Universalist
church in Kingfield. wednesday eve-