Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-09-01
THAW'S LAWYERS
FEARSOME OVER
BATTLE ON WRIT
TOmOrrOw's Proceeding Will
Show Status of Prisoner
in Canada.
CHIEF OF POLICE ASKS
FOR LUNATIC'S FREEDOM
Bases Right on Fact That Ar
rest Was Made in IlIe-
gal Manner.

SHERBROOKE, Que, Sept. 1.-The
Thaw lawyers showed plainly today
the nervousness and anxiety with
which they look forward to tomor-
rows proceedings in the Superior
Court of st. Francis county.
The decision of Superior Judge
Matthew Hutchinson tomorrow on
the right of John Boudreau, chief of
police of Coaticook, to demand the
freedom of Harry K. Thaw, whom
Boudreau arrested two weeks ago,
will determine whether there shall
be set in motion at once the ma
chinery looking to Thaw's deporta-
ton and subsequent extradit;on from
a border State, or whether he shall
be remanded to the Sherbrooke jail
to remain until the session of the
Kings bench in October.
If Superior Judge Matthew Hutch
inson sustains the writ of habeas
dreau by counsel acting for the State
of New York Thaw may be imme-
diately turned over to the immigra-
ton authorities for deportation.
Against this contingency his lawyers
have laid plans for a bitter fight.
Boudreau, in applying for the writ,
contends that Thaw is held illegally,
not being charged with any crime.
There is the added clause that Bou-
dreau, conscious of the illegality of
holding the prisoner, is apprehensive
lest he be liable to damages.
Not Desirous of Freedom.
In their preparation for fighting
the case in it's present status, Thaws
advisers have caused him to swear
before a notary that he contemplates
no damage suits. In fact, he releases
Boudreau from any responsibility IN
the matter. In this way they hope
TO show that Boudreau is d1slnter-
ested party in the proceedings and
has no right to ask for Thaw's lib
erty. They have gone step further
in having Thaw swear that he is IN
no way desireus of being set free at
this time and that the proceedings
are contrary to the basic principles
of habeas corpus Should these ar
guments fail and the writ, be granted
they hope to appeal to the higher
sourts and stay the proceedings;
LAWYERS representing New York
raintained today that even should
an appeal lie the prisoner will al
ready have been released, the immi-
grafton authorities will have seized
him ana accomplished the desire OF
the State.
When on Wednesday last Thaw's
LAWYERS succeeded over the opposi-
ton of counsel for New York IN
withdrawing the writ on which ThaW
was then to have been liberated
Judge Arthur Globensky, presldlng
I'm the Superior Court, declined to
hear counsel representing the State,
on the ground that the proceedings
were ex-parte and that New York
had no standing in court. Tomorrow
matters will be exactly reversed. IL
will be the New York lawyers who
are before the court with writ.
Those who have setudied the case
were wondering today whether Judge
Hutchinson would follow the prece-
dent set my his brother jurist, and
refuse Thaw's counsel hearing.
jerome Still Confident.
William Travers Jerome, Thaw's
old prosecutor, and now chief or
the forces seeking his deportation,
was back in Sherbrooke today after
spending the week end in Quebec. He
is prepared to stay until he has ex-
hausted every effort to get Thaw
back to Matteawan. Should tomor-
rows writ fail there is reason to be-
lieve that some action may be taken
through DIR. Raymond kieb, superin-
tendent of Matteawan, and as such
Thaw's legal custodian. 1t was
pointed out that DR.. Kieb could de-
mand that Thaw, as a lunatic, be
surrendered to him.
Jerome believes firmly that Thaw
will go back to Matteawan and soon.
He believes that if further legal en-
tanglements arise here high dominion
authorities, branding Thaw's long de-
tention without a trial public
scandal, will demand his release.