South Bend news-times. (South Bend, Ind.) 1913-1938, 1913-09-13
Newly Retained Counsel Hope
to Have a Hearing With Gov.
FeIker on the Matter of Ex-
tradition.
THINK HEARING WILL
NOT Be HELD TODAY
Probable That Prisoner Will be
Taken to Capital. Where the
Next Battle viii be Fought.
RumOrS of kidnapping.

COLEBROOK. y. H., Sept 10
The protracted court battle denied
Harry K Thaw in Canada by his sud
den deportation on Wednesday prom
ises 10 be waged in New Hampshire.
His newly retained counsel hope TO
have personal hearing before Gov.
Felker on the matter Of extradiIion
and should eXtradition be granted TO
carry the matter TO the state supreme
court on a writ of habeas corpus.
Three of these attorneys y. +. Mar
tin OF Concord. Willard II. Olmstead
Of New York and Merrill Shurtleff of
ColebroOk, hurried TO the capital Fri
day
Sheriff Hornbeck OF Dutchess coun-
", y. Y, wherein is located the Mat
teawan asylum from which Thaw es-
capped, was en- route here Friday night
with the requisition 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 COlebrOok
Upon his arrival he or some other
representative OF the state interests
will be turned back 10 Concord. Why
Hornbeck started for this place was a
mystery TO VIM. Travers Jerome. who
has for three weeks been trying TO get
Thaw back 10 the asylum.
Expect Hearing Wednesday.
Wednesday next, according to
Tnaw's lawyers, they expect to have
their hearing before Gov. Felker.
They estimate that three days will
elapse before he can render a decision.
If this is adverse they will apply for
writ OF habeaS corpus. Argument
on this would likely be postponed for
another week.
This would mean days Of weary
waiting unless Jerome could engineer
some scheme. He has f. mind now a
plan instantly TO seize the fugitive in
case his deportation is ordered. thus
blocking efficiency OF the habeas cor
pus writ by concealing from the Thaw
counsel the identity Of the individual
10 whom Thaw would be given in
charge. The writ would have to be
directed against the prisoners Gus
todian at the time and If Jerome could
work quickly enough and with suffi-
cient secrecy his plan might be sue
cessful.
Not Brought In Court.
In view of the intention Of fighting
the case out at Concord. Thaw was
not brought into court in ColebrOOk
Friday and IL Is probable that his
hearing viii be postponed again Sat
urday and that on Monday he will be
taken 20 the capital preparatory to
the arguments for and against sur
rendering him 20 New FORK.
The chief argument OF his lawyers
will be that New York seeks his ex-
tradition on a charge of conspiracy
n 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 preCedentS TO sus-
tain them in this.
Thaw left his hotel room for out Of
doors but once Friday to go 10 the
barber shop. The sheriff and ten spe-
cial guards accompanied him. Ru-
mOrs of kidnapping would not down.
The citizens Of Coaticook, Que. 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 in
COlebrook Friday in spite OF the i'll
feeling his presence has engendered.
He whizzed around in a motor car a
good part of the day and this fact
prevented Thaw from being taken for
an airing this afternoon.
The sheriff had agreed 20 accom-
pany the prisoner on a ride and Thaw
and his lawyers were about TO climb
in the machine when the report
spread that two cars bearing Canadi-
ans were stationed a half mile or so
out OF town toward the Canadian from
tier. There has been so much feeling
shown in the Thaw matter by the
Canadians and SO many OF them have
trailed after him here that Jerome put
his foot down on the motor trip at
once. Through his detective aide
John Tanyon. OF New York he i'm
pressed the sheriff with the inadvisa-
bility of such liberty for the prisoner
and Thaw was returned disappointed
10 his room.
VIII Argue ON Writ.
ON Monday next he was 20 have
in Montreal on writ Of habeas cor
pus. This was rudely upset by his
election from the Dominion under or
ders from the minister OF justice but
the writ will come up for argument
nevertheless. II was said Friday that
some OF Thaw's Canadian adherents
were planning 20 spirit him away 10
Montreal X possible IN the hope that
the writ would be sustained after all
Failing in this, so the story ran. they
purposed TO put him aboard a yacht
and eventually get him 10 Pennsyl-
Nania
Thaw's lawyers one and all denied
knowledge OF any such plan and re-
pudiated any intention OF resOrting to
strong arm R-orS. Mr.. Jerome on
his side said he v as just as anxious TO
avoid anything Irregular In cOnnec-
ton with New YOrk's state endeavOrs.
Thaw himself. IL Is understood. has
refused two offers 20 aid him in an
other break for liberty. Apparently
he got more than enough liberty OF
that kind in his wild ride on Wednes-
day and he places his hope In the
courts. IL was reported that he was
Azsin trying To dominate his lawyers.