The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-08-22
Secure Postponement Of
Hearing on Habeas
Corpus Writ.
FIGHT FOR DELAY,
AND THEY GET 1T
Next Big Battle Will Be Staged
in Ottawa, Where Steps Will
Be Taken to Prevent Inmigra-
ton Officials From Seizing
Thaw After Release
From Sherbrooke Jail.
Especial to The Times es-Dispatch I

tSnecial TO The Times Dispatch
Sherbrooke, Quebec, August 2f.-The
State of New York met with a sharp
rebuff from n Canadian Judge this af-
ternoon In It's efforts to secure imme-
diate possession of Harry Il. Thaw,
and the international prisoner won his
second legal victory in the fight he is
making to keep the Matteawan mad
house behind him.
The second round was won by Tnay-
when Judge Globensky, OF the judicial
district of St Francis, put over until
next "Wednesday morning hearing of
argument on the habeas corpus writ
secured upon representations after his
arrest
Delay was what the Thaw lawyers
were seeking and they got 1t. District
Attorney Edward \. conger. of
Duchess County. y. y, opposed de-
lay, making this argument as n basis
for his objections:
Postponement of the hearing is IL
legal unless the prisoner is produced
in court"
to the representative OF New York
State, and then said:
Il have decided to postpone the hear
ing, but all the Interested parties must
appear in my court next "Wednesday
morning"
Conger Shows ChnErin.
Conger showed his chasrin, but re-
fused to comment on the courts ec-
ton. Thaw's lawyers were jubilant.
They requested the postpouement on
the ground that they needed more time
to prepare for the arguments. Their
real plan, however, is to secure some
action by the Canadian government
that will prevent immigration agents
of the Dominion from seizing the pris-
oner az soon as freed on the habeas
writ and hustling him to the DO, der
OF New York State.
With this nNrDose In view. w L.
.Shurtleff. X. c., one OF the prisoners
counsel left here to-day for ottawa.
The next big fight In Thaws fight for
liberty Is expected To be staged there.
although the attorneys refuse to tell
what Shurtleff will \try to do. There
are two theories:
/. That Shurtlen will appeal to the
Immigration Department. TO permit
Thaw's passage through the Domin-
ion on the ticket to Detroit that he
claimed to have purchased.
:: That II this first appeal fails.
Shu'rleT will appeal to the Depart
nicnt of Justice for an order restrain
inE interference on the ground that
the cntirc treatment since arriving In
Canada has been Illegal.
Shur;len Will also be prepared to
resist at ottawa any demand by the
United states for Thaw's eNtradition
That Tins demand will be made is not
doubted Thaws lawyers are imme
diately informed OF action taken across
tho border to secure their client. ana
expect prompt action on Acting Gov
nrnor G,ynn's appeal to Secretaries
Bryan and Ilcdfield, that they have
Thaw eXtradited with all possible
hahtc.
The court action this afternoon was
ar intense disappointment to a great
throny % men and women. who packed
J tdre CilohcnSkys room and besieged
the build:ng. The! were all anxious
to SEQ Th:tw ct close range. but were
rot even givon the opportunity TO see
his lawyers in action, as Judge Glob-
ensl;y took the counsel into his cham
bets to hear their request for a post
ponemcnt.
',hrcnts Cnusc Wild Scare.
Threats made by some OF the dis
appointed curiosity seekers caused
wild scare here this evening. Rumors
were circulated that there were plans
on foot to kidnap Thaw from the Jail,
and carry h:m cut OF town and then
l.bcrnte him. So that he would have
II eooc start On the officers.
j. p LpI'o-ce, governor of the jail.
told the police that report OF the
Kidnapping plot had reached him. but
Hey investigated and found that the
threats to free Thaw had been made
h" q frw men. who declared that "if
Inc Nc 'nI1eut NooS NV o. 1900 %
CHARGE W. Will
When District Attorney Conger was
told Of the rumors. he seemed to be
alarmed but announced after making
inquiries that Thaw was well enough
guarded 10 prevent the success OF any
rescGe part
"rm going to take Thaw back with
mo-" he said. HE probably will be
deportcd as the Canadians do not want
him on their hands but il not in that
way then we shall extradite him.
I'VE have a lot of possibilities to
develop IN either direction. II being
n matter merely OF choosing the best
"rhe Canadian immigration officials
sent here by their chief have plenty
of mower to act. and am cooperating
with them.
Just be sure Of this one thing: If
the deportation proceedings fall, we
shall have case plenty strong enough
to secure extraditton."
When Thaw was seen at the jail to-
night he said that he had passed
pleasant day. and had no complaint
to make about the way Governor La
Force was treating him.
1T was certainly pleasure to see
my sister again." he said. II had a
'long talk. with her and her husband,
Mr. Carnegie, and was also pleased
to see my old friend. DR.. Evans
DIR. Britton. d. Evans, the aliepist,
was ono of Thaw's first visitors OF the
day. He said that the prisoners cheer-
full appearance had been a pleasant
surprise to him.
No Signs OF Hyateria.
Harry feels certain that ne Will not
no sent back to Matteawan." said the
alienist, and so do we. The auihori-s
ties are showing no signs OF hysteria."
(Continued ON second pa9eT ---t