Evening times-Republican., 1913-09-01

If WRIT IS SUSTAINED
HE WILL BE oEPoRTED
Thaw Attorneys Lay Plans for Bitter
Fight and Have Secured Affidavit
From Thaw Waving cIains to
Damages Against Canadian Officer
Who Arrssted Him.


Thaw lawyers showed plainly today
the nervousness and anxiety with
which they looked forward to tomor-
rows proceedings In the superior
court.
The decision Of superior Judge Mat
thew S. Hutchinson. tomorrow. on tho
right of John Boudreau, chief Of police
of Coaticook, to demand the freedom
OF Harry X. Thaw. whom Boudreau
arrested two weeks ago, will determine
whether there shall be set in motion the
machinery at once looking to Thaw's
deportation or whether he shall be
remanded to the Sherbroose jail to re-
main until the session Of the kings
bench in October.
II Judge Hutchinson sustains the
writ Of habeas corpus. which was op-
tanned for Boudreau, by counsel acting
for the state Of New York. Thaw may
be turned over Immediately to immi-
grafton authorities for deportation
Against this contingency the lawyers
have laid plans for bitter night. Boud-
reau In applying for the writ contends
that Thaw is held illegally. not being
charged with any crime. There is the
added clause that Boudreau. conscious
of the legality Of holding the prisoner.
Is apprehensives lest he be liable to
damages.
Thaw's Plans Of ,Rssistsnes.
In their preparations for nghting the
case IN its present status. Thaw's law
yers have cansed him to swear before
a notary that he contemplates no dam
are suits, In fact releases Boudreau
from any responsibility. In this way
they hope to show that Boudreau 10
disinterested person. They have gone
a step further IN having Thaw ewear
that ne Is IN no way desirous OF oeins
set free at this time.
LAWYERS representing New YORK
maintained that even should an appear
lie, the prisonsf will already have been
released, the immigration authorities
will have seized him and accomplished
the desire OF the state.
Fair Crowds Try 70 Sec Thaw.
Crowds streaming into Sherbrooke
today for fair week all determined to
get glimpse Of Harry X. Thaw. so
impressed the authorities by their num-
ber and outspoken sympathy for the
fugitive from Matteawan that Superior
Judge Hutchinson conferred with Sher-
III Alymer with regard to the advisa-
bility OF holding the habeas corpus
proceedings tomorrow In secret. The
Judge has in mind the demonstration
for Thaw last Wednesday. when coun-
sci for New York were ruled out OF
court.
The sheriff and custodian Of tho
court house argued against secret
hearing on the ground that 1t would
outrage the British idea OF the court
being open to all. This afternoon the
question was undecided.
Dramatic sesne Possible.
It is estimated that 10000 persons
besides Sherbrooke's normal population
Of 10000 will be in town this week. To
hold them In check there will be on
hand four separate squads OF police
These will include the dominion police.
dominion secret service men. provin-
cial uniformed police and provincial
plain clothes men under command OF
Kenneth McCaskill. familiarly known
thruout Canada as "Pete."
Thaw's lawyers went forward today
with their plans for preventing his re-
lease on the writ of habeas corpus to-
IuOTToW. IL tHS wiz 10 NAA~'
will be a dramatic scene In the court.
for the instant Thaw is free man g.
Blake Robertson. acting for the i'm
migration department. will step for
ward, tap him on the /ioulder. and an
nounce, II arrest you in the name OF
the king"
Appeal Would Be Unusual.
Secure for one day at least from any
sudden judicial action against him,
this being a LEGAL holiday, Thaw spent
the forenoon with his stenographer. at
tending his mail The counsel dis
cussed their plans for appeal in vens
OF the writ being sustained. An appeal
against writ OF habeas corpus would
in sense destroy the efficacy of the
writ and the rights of citizens guaran-
teed centuries ago under the Magma
Charta. 1t would mean that hereafter
a prosecutor could appeal from a writ,
and stay, after II had been said pris-
oner had been detained Illegally.
William T. Jerome, special assistant
attorney generally for New York
state. retained to get Thaw back to
Matteawan. returned to Sherbrooke
this afternoon. He went to Quebec on
Saturday, and thence to Montreal.
where the American Bar Associat alton
Is in session.