Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1913-08-22
Hearing on Habeas Corpus
Proceedings Is Delayed Un-
iii Next Wednesday by ABB
scnCe Of Iudge,
CANADIAN LAW IS IN
FAVOR OF PRISONER
Next Legal Fight Likely 10
Come Up al Montpelier Be-
tween New York Authorities
and Fugitive

Low uopusa JOURNAL cpFc .t tetsCn wPrl
shcrhrooke. Aug 2l-Unul We'd
nrsd1y of next week. barring unfor-
seen developments. Harry Kendall
Thaw will remain m the Shcrhrookc
HH ON that day hc is Ia bee armisncd
In the superior court ON q writ of ha-
haas corpus Between now ana that
time his battery of Canadian lawyers
hopes To perfect plans. not To thwart
deportation. but to submit to IL grace
mIly-to point selected by Thaw
This. in brief was the status to-
might of Alattcawan's fugitive arrest
ga Tuesday near Coalicook, que. and
committed to jail here on "a defective
warrant Ignorant of tho moves made
hv his lawyers. Th8W has spent his
time pacing the length of the narrow
corridor i'm the Shcrhrooke JAIL and
was not even aware that the writ ~
h1boas corpus in his ease was served
on the iniler this afternoon and that
hut for timely telephone message,
he would have been produced In court
today with the bench vacant.
This incident voriously described
as a blunder. case Of absent mind
cdness and am error due 60 hurry,
arose after Superior judge Glohcnsky
failed to specify In writing that the
writ was retufnublc before MIN next
Wednesday. lie had set this date In
the chambers hut the writ reading
"nstanter" when served on the iailcr
set that official into instant action.
and he had called a carraee and ord
cred Thaw to drrss Tor an oudHE
when a telephone message was re-
celved from the Judge, informing him
that the latter. was leaving for Mon
treal not to return here as a circuit
Judge until next week
Meanwhile District Attorney Con-
ger of Dutchess county New York.
Deputy Attorney General Franklin
Kennedy of Albany. and others pri-
mauily Interested in getting Thaw
across the border. seized on the possi-
hiity Of his iu ocdlatc production ana
sought 10 find another Judge before
whom to arraigu him. Eat Mr. La
Force, governor oi thc Jail declined
to surrender ThaW until he had con-
suited with Sheriff Aylmer. The shcr-
in said that while no time for the rc-
turn of the writ was stated, he had
understood from the court that
Wednesday was the day and Thaw
had better stay in Jail.
I}umors sproutcd meanwhile that
tho New York authorities were trying
10 kdnap Thaw, that an automobile
vas ready to whir him to the New
York line, that an open clash per
haps street battle, was imminent
As a matter Of fact the Officers from
New York were as muah surprised as
anyone
Thaw's LAWYERS said tonight that
they were well satisfied with the
events of today They feel now that
Thaws fate 50 far as the Canadian
authorities may interfere in it. is
practically settled.
The departure for Ottawa early this
morning Of W l.. Shurtleff was the
first step in q plan to procure Thaws
removal from Canada, without pro-
longed legal proceedings.
Al Of the lawyers profess to be-
lityc that the minister of the interior
will acccde to the request that ThaW
be permitted To nominate his dcsu-
nation" in return for submitting with
out further protest to deportation.
Those who are advising Thaw
among them some Of the ablest crimi-
nal lawyers in Canada, said tonight
that they were confident that the
government will welcome such so-
luton Of the problem No one con
tends that ThaW has violated a single
law of the Dominion, unless it be that
enc which provides that no alien may
enter Canada without special permit
within five years after he has been
am inmate of an asylum
IN the event that such alien has
entered, the law. 1t is understood
provides that he shah be transported
to the capital Of the last state through
which he passed
When captured, Thaw was nearer
Vermont than any other state. Al
The immigration authorities have ar
ranged to hold a hearing at Coaticook
me nearest point to the Vermont Dor
der, whenever Thaw may fall int
their hands.
The plan of Thaw's lawyers. anC
there is reason to believe that they
nave had assurances of its success, il
70 have ThaW examined before tha
hoard and ordered deported to Mont
pelier More than any other state
ihaw would prefer Vermont as a ref
use Investigation made in his be
half has convinced those who ar,
working in his interests that Vernon
would afford the most involved extra
WIl"n proceedings.
The New York authorities have an.
ticipatcd the vermont contingency an,
seht there today John f. Mack, formc.