The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-08-27
Withdraw Habeas Cor
pus Writ and Increase
Legal Snarl.
NEXT MOVE is UP
TO OPPOSITION
Fugitive's Forces Are Jubilant
Over Coup, and Even Jerome
Says He Can't Solve Muddle.
Fight Against Deportation
May Be Continued
Indefinitely.

Sherbrooke. Que, August 26-Harry
day withdrew the writ of habeas corpus
obtained last week in his behalf. and
the fugitive from Matteawan will not
be arraigned in the Superior Court to-
morrow morning, as had been expected.
The withdrawal of the writ may pro-
long the proceedings indefinitely
Rumors had been banded about all
day that the writ might DC withdrawn.
but 1t was not until this evening that
the notice was filed with the clerk
of the court AL the same time tclc-
gram was sent to Judge Arthur Globcn-
sky. at Montreal. who granted the writ
that such was counsels desire. He was
on the application.
Up TO His Enemies Now.
The next move in the Thaw case is
now distinctly up TO those desiring
his deportation. Under the present
commitment, he might remain in the
Sherbrooke jail Indefinitely, electing to
have hearing before a district maGis-
trate. or demanding n jury trial before
the Kings Bench. criminal side. which
does not sit until October Briefly,
Thaw's lawyers have decided to let
him pace his cell. meanwhile pcrfecting
plans TO defeat attempts to put him
across the Canadian border.
1T is beyond me-" said William
Travers Jerome. The fine points of
Canadian law involved are such that
would not feel justified in even guess
ing 1T the outcome. We hope TO get
him in the end, but this tangle must
be stra ishtencd out first"
District Attorney Congcr, of Dutchcss
County. y. u, was equally puzzled and
rctiCent TT Mr. Jerome can't solve
the muddle. certainly ! can't" he said.
Further to complicate matters, coun-
sci representing the State or New
York are not sure that the commit
ment under which Thaw has chosen to
remain In Jail contains a charge of
violating any of the Dominions laws.
II is that of being a fugitive from the
Msttcawan pcnitentiary. wher,, he was
confined on criminal charge for life"
Hector Ncrrct *. c., representing
New York State. said tonight thar
he regarded the withdrawal OF the writ
by his lawyers that the commitment
was legal. and did contain charge on
which Thaw could be brought into
court.
Has Right to Choose Trial.
Then we might get out another COM
mitmcnt charging him with another
offcnse" he added. We could bring
him into court on that surely. There
would still remain. however. Thaw'.; :;
right To choose trial either at once or
before the Kings Bench in October"
Mr. jerome and District Attorney
ConGer We're at dinner when Thaw's s
counsel made known their decision.
drawn hith,r by duty, that tomorrow
would see sweeping away OF some of
the legal cobwcbs and the beginning
OF q tight in the open. prefacins 4
hearing before the immigration au-
thorities and Thaw's probable dcporta-
tion TO Vermont.
The news spread quickly through the
hotel corridors. Sheriff Hornbcck, of
Duchess County, who is particularly
anxious to get home, expressed his
great disgust. The handouts and leg
irons he brought With him have proved
only n burden, and he has been roam
Ing about town for 4 week waiting for
something TO turn up.
Thaw's lawyers. headed by ]. n
Greenshields. X c.. of Montreal. were
grimly jubilant. They had conferred
all afternoon before reaching n deci-
sion and were nightly pleased at the
apparent enigma they have created for
the opposition.
Thaw himself could not be seen. in
view of new rule Of the sheriff
barring interviewers, except when ac-
companied by one of Thaws counsel:
but that he was consulted before any
action was taken was attested by the
fact that his signature. with that of
his attorney OF record, w. l.. Shurtlcff.
was signed TO the application. 1t was
a mere formality with Thaw, though,
for the greater part of his day he spent
in working out more details of his pub
licity campaign. His ambitions may
be nippcd to some extent by tho cur
tailmcnt of interviews, but he can still
send out statements.
Takes II PhitosOphicnlIy.
Though declining to express an Opin-
ion on what will happen in the Thaw
case next. Mr.. Jerome took the hitch
in the proceedings phlosophically. and
after finishing his evening meal at
leisure, went out and toasted his shins
with group in the front of the big
open fireplace at the hotel.
New York State is trying to get
Thaw back he said, mot because
New York wants Thaw. but because of
the bad effect his freedom would have
on the people. II Thaw were allowed
to remain free every one would say,
'Ha, the Thaw millions freed him" AL
ready they are saying the Thaw mil
lions got him out of Mattcawan, and
generally we hear them say: a rich
man can do anything. but what chance
has poor man got?'
"Thaw's being allowed to go free
would have dcmoralizing effect OH
the whole country. Thaw. free, would
be a menace. That is why New York
State wants Thaw."