South Bend news-times. (South Bend, Ind.) 1913-1938, 1913-09-01
Claim That 1t Will Not Be SuS-
tanned and That if 1t is an
Appeal viii Keep ThaW. in
Canadian Jail.
Signs Affidavit Freeing BOud-
reau of Any Blame For His
ArreSt-InCenSed at Action
Taken by Chief.

SHERBROOKE, Que. Aug. 81
Harry K. Thaw's lawyers, swept off
their feet yesterday by the sudden
move of VIM. Travers Jerome in OBJ
tanning through John BOudreau, the
Coaticook chief of police, a writ Of
habeas corpus requiring Thaw's pro-
duction in the superior court here on
Tuesday, spent the day in conferences
and tonight gave renewed expression
of their belief that the writ would not
be sustained.
"If it is sustained" said w. K. Nc
Keown of the Thaw forces, there is
always recourse to appeal, and l am
inclined to think that appeal to the
court of reviews or to the court of
appeals would act as a stay and hold
our client in Jail safe from deporta-
ton In the face of such circum-
stances I do not see how New York
state can make any nave until the
kings bench convenes in October"
Thaw spent the day in his cell
writing letters and debating to his
stenographer. AS was the case last
Sunday there was no religious service
in the prison. Several women called
and gave the fugitive flowers. In fact
his cell has been banked with them
ever since his confinement.
Says 1t Was Mistake.
w. L. Shurtleff of Coaticook, the
first lawyer retained for Thaw after
his arrest, said today he had heard
that Boudreau told number Of
friends that he had signed the petit
ton OF habeas corpus for Thaw
through a mistake. Someone had
told him, so the story ran, that he
was affixing his signature to a docu-
ment which would indemnify him
should Thaw decide to sue for false
arrest. He was Thaw's captor at
Coaticook, and in his petition for the
writ set forth that he feared that he
might be liable for damages.
Boudreau denied, however, that he
had signed the application without
knowing what he was doing. Friends
might criticise his act, he added, but
he had acted with his eyes open.
Thaw's lawyers denied that they
were trying to coerce Boudreau into
asking for a discontinuance of the
writ
I'VE presume that he knew what
he was doing" said McKeOwn, al
though we have no daubt that he was
frightened TO some extent by repeated
suggestions that he might have a big
damage suit on his hands unless he
tried TO get Thaw out Of jail"
Jerome Out of City.
Mr.. Jerome and mis- assistant, Depu-
ty Atty. Gen. Franklin Kennedy, were
out Of town today. They left here
Saturday night for Quebec There
were reports that they had decided to
go on TO Ottawa to see dominion Of
ficials, but this cannot be confirmed
here.
Tomorrow there will be no court
proceedings. The town was filed up
with strangers tonight, coming to at
tend the Sherbrooke fair which opens
this week.
Should Tuesdays court battle go
against New York in its fight TO re-
turn Thaw to Matteawan, two possible
lines of action will still be open. One
would be to have the commitment on
which Thaw is held nolle pressed by
the minister Of justice, the other
would be to renew efforts looking TO
it's withdrawal by Alexus Depuis, the
CoaticOok justice of the peace, who
drew il up. Rupuis has remained oh
durate so far, although he says the
immigration authorities. who are as
anxious as are those from New York
10 get hold of the prisoner. have been
pressing him hard. Emissaries from
the Thaw family have likewise visited
the justice. and he and his wife are
standing by their guns.
Thaw is highly incensed at BOud-
reau for asking for the habeas corpus.
He never had any intention OF suing
anybody Tt became known tonight
that he had made affidavit 10 this ef-
feet before a notary yesterday, signing
a document releasing the chief of pO-
lice from any liability. At the same
time he signed another paper repudi-
ating any interest in the proceedings.
As a habeas corpus writ is supposed
10 be "in behalf of a prisoner" these
Thaw documents will be used in con-
testing Boudreau's right 10 ask for a
writ.