The Birmingham age-herald., 1913-08-31
Gains Consent of Judge to
Hear Arguments on
Habeas Corpus Writ
JOHN BOUDREAU
USED AS FULCRUM
Persuaded That Thaw Was Held on
Defective COmmitment-Tha
Lawyers Taken by Surprise.
Abuse of Writ

sheibrooke, Que. August so..-Harry
X. Thaw's savorite, though ineffective,
weapon In the New York courts--ths
writ of habeas corpus-was turned
against him today by his old prosecutor.
William Travers Jerome as means of
< cling rbS INFO cour. here ncxty
IA law order that the immigrationl
Iah 3 may deport him 10 vermons
in " t@t Jerome hopes will be ths hrst
leg oe the return trip to Msttcawan
asylum.
John Boudreau. the rural chief OF
police at Coaticook. Thaws captor ar
ter he had crossed the Canadian from
tier was the fuiernm used by Jerome
and his Canadian lawyers in obtaining
the writ The police chief was per-
suaded that Thaws detention in the
Sherbrooke y u, on defective eommit-
ment, might \ suit in a damase suit
for false arrest. so he petitioned Supe-
rior Judge Matthew Hutchinson TO have
the prisoner produced in court
Hear Arguments Tuesday
Judge Hutchinson, at first soath to
| disturb the status of the case, Ihaw
having been remanded to jail for an
I iiiihtllHltt term Dy - bloNhNA Jha5Ct <hi-
| thur G1obensky, finally consented t.
hear arguments on the writ at 10 a. M.
| Tuesday, when Thaw's lawyers
have an opportunity TO oppose 1t.
If the writ is sustained Thaw Will bd
| turned over to the Immigration officers
bat once will be taken to Coatieook for
! hearing aud doubtless thrust ACROSS the
Vermont border. there TO be seizd by
deputy sheriffs. acting for New Ygr,S
state on the warrant charging him
with conspring with Howard Barnutn,
i the Mattea&an guard, and others 20
escape.
leromes coup was made possible by
| the sudden return here of Judge fIutch-
nson. who had been in Maine on bis
vacation. By the merest chance sam
uel Jacobs. chief counsel for lie New
York interests. was apprised Of his res
turn. and made a dash back 20 Sher-
brooke after leaping from train
bound for Monfreal The iminsration
laltthoritigs, ALSO beund thithef, returned
on the next train and waited about ttsa
courthouse teNay IN the hope tiat tins
hearing on fue nabeas corpus wrik
would be held At once.
Taken by Surprise
! Thaws lawyers were taken conplete-
ly by surprise only two of them
/ Charles d. White and Harry Frazer
were in Sherbrooxe There was talk of
bringing the chief counsel J. n. Green
shields of Montreal. here by special
train, but he was cruising on his yacht
in the st. Lawrence river and could not
be reached until tonight. He will be
here tomorrow. The second in command
w X. McKeown, arrived from Mon
treal this afternoon, after the writ had
been granted.
1--WE do not think this move will stand
In court, said McKeown New York
is using John Boudreau as pawn. IL
| Is an abuse Of the writ of habeas corpus.
| A writ of habeas corpus is issued pre-
sumaby in prisoners behalf In this
case it has been used to deliver him into
the hands of his enemies. II is mere
| subterfuge. We do not criticise our op-
ponents for taking this action in our alb
sence for We doubtless should have taken
| like advantage, should we have had the
| opportunity However. there was sort
OF mutual understanding that nothing
! was to be done IN the case until Wednes-
! day next. when Roger Thompson's trial is
to go on
Jerome Smiles Grimly
Mr.. Jerome smiled grlnly at mis- vic-
| tory. The fhaw lawyers had thought tho
next move would be made through Alexia
Dupris, the Coaticook Justice OF thu
peace, who committed Thew. II had been
| said that New York vas bringing pres.
sure to Dear on Dupdis to withdraw the
commitment With the attention Of the
, Thaw lawyers rivetcd on this suggu,.
tion. some one quietly visited Boudrean
and got MIN to sign the petition.
i IL was presented to Judge Hutchinson
/ IN chambers by Samuel Jacobs. acting for
New York. Stripped of its legal vs-biagc
II reviews the details of Thaw's arrest
at Coatic0ok on August 10. maintains that
| he IS held on a faulty commitment sets
forth the desire of the petitioner to re-
dress any wrong done Thaw, and to
avoid ANY further liability for dam
4 ages and concludes as follows.
/ Wherefore, your petitioner praya that
a writ OF habeas corpus issue, addressed
3 to the said J. ii. Laforce, who illegally
detains the said Harry *. rhaw, In tho
common jail for said district, ordering 10
forthwith bring and produce before \
judge Of the superior court for the said
| district, the body of the said Harry K.
Thaw and show cause why the said Harry
* Thaw should so be detained and tha:
unless proper and legal cause of deten-
ton he Shown that the habeas corpus be
maintained and said Harry X. Thaw set
at liberty. and your petitioner will ever
I praVn