The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1913-09-13
LONG LEGAL FIGHT
OVER THAW NOW
IS PROBABLE
Gov. FeIker Will Give Him a
Hearing
STRUGGLET0 BE PROTRACTE0
Thaw Is Well Guarded Lest Attempt
May Be Made to kidnap
STRUGGLE TO BE PROTRACTEO

Colebrook n. H., Sept. 13-The pro
racted court battle denied Harry X.
Thaw in Canada by his sudden de-
portation on Wednesday promises to
be waged in the state of New Hamp-
shire. His newly-retained counsel
hope to have a personal heaing be-
fore Gov. Felker on the matter OF
extradition, and should eXtradition be
granted to carry the matter to the
state supreme court on a writ OF
habeas corpus Three of these law
yers-N +. Martin of Concord, W. II.
Olmstead of New York and Merrill
Shurtleff of Observation-Disclosures to
the capital yesterday.
Sheriff Hornbeck of Duchess coun
ty, n. Y, where in is located the Mat
teawan asylum from which Thaw es-
capped nearly a month ago, was on his
way there last night with the requisi-
ton warrant signed by Acting Gov.
Glynn. AS the document must first
be laid before Gov. Felker, the New
York lawyers were chagrined at the
sheriffs mistake in heading for Cole
brook. Upon his arrival he or some
other representative of the state in
terests will be turned back to Con
cord. Why Hornbeck started for Cole
brook was a mystery to William T..
Jerome who has been for three weeks
trying to get Thaw back to the asy-
lum.
Wednesday. according to Thaw's
lawyers, they expect to have their
hearing before Gov. Felker. They
think that three days will elapse be-
fore he can render decision. If this
is adverse they will apply at once for
writ of habeas corpus. Argument
on this would likely be postponed for
another week.
This would mean days Of weary wait
ing unless Jerome could engineer
some coup. He has in mind now a
plan insanity to seize the fugitive
in case his deportation is ordered,
thus blocking efficiency of habeas
corpus writ by concealing from the
Thaw counsel the identity OF the ind
vidual to whom Thaw would be Civ
en- in charge. The writ would have
to be directed against the prisoners
custodian at the time and If Jerome
could work quickly enough and with
sufficient secrecy his plan might be
successful.
In view of the intention of fighting
the case out at Concord, Thaw was
not taken into court yesterday and 1t
is probable that his hearing will be
postponed again today and that on
Monday he will be taken to the cap
ital preparatory to the arguments for
and against surrendeTing him to New
York. The chief argument of his law
yers will be that New York seeks his
extradition on a charge of conspiracy
"a charge which they contend New
York never purposes to try him on.
They will contend that extradition in
such circumstances is a subterfuge
and that there are presidents to sus-
tain them in this.
Thaw left his hotel room for out of
doors but once yesterday to go to the
barber shop. The sheriff and 10 spe-
cial guards accompanied him. Ru-
mors of KIDNAPPING would not down.
The citizen of Coaticook, p. O., who
was denounced Thursday by Jerome
as the leader of the anti-Jerome move
ment which resulted in his arrest on
a charge of gambling remained yes
terday in spite of i'll feeling his
presence has engendered. He whizz-
ed around in motor car a good part
of the day and this fact prevented
Thaw from being taken for an airing
yesterday afternoon.
The sheriff had agreed to accom-.
pany the prisoner on a ride and Thaw
and his lawyers were about to climb
into the machine when the report
spread that two cars bearing Canadi.
ans we're stationed a half-mile or so
cut OF town toward the Canadian
fronuer. There has been so much
feeling shown in the Thaw matter by
The Canadians and so many OF them
have trailed after him to Colebrook.
that Jerome put his foot down on the
motor trip al once. Through his de.
tcctive aid. John Lanyon Of New
York. he impressed the sheriff with
the inadvisability Of such liberty for
the prisoner. and Thaw returned dis
appointed to his room.
Thaw himself. it is understood. has
refused two offers TO aid him in a
break for liberty. Apparently he got
more than enough liberty OF that