New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-10-25
THAW "CONSP|RATORS'
TO APPEAR FOR TRIAL
Butler and Duffy, Charged with
Aiding SIayer'S Escape,
Will Surrender.
TWO OTHERS WILL YIELD
Effort to Arrange Trial Tor
Thaw Without His Presence
Goes over So Jerome
Can Be Present.

Richard ]. Butler. former Assemblyman'
and Eugene Duffy. both Of whom nave
been indicted for conspiracy to free Harry
Thaw from Matteawan, will surrender on
Monday. 1t is probable that Roger
Thompson and Michael OKeefe' the
other men charged with conspiracy VIII
give themselves up within week.
owen w. Bohan, counsel for Butler and
Duffy. arranged with Justice Gavegan IN
the Criminal Branch of the Supreme Cour.
Yesterday to have bail fixed at $5'"N
when his clients surrendered. Mr. Bohan
has arranged with a bonding company 10
furnish the bail.
AS soon as the two men heard that
they had been indicted they communicat-
ed with Mr.. Bohan and expressed VIII
ingness to appear. Duffy was IN Fehh-
sylvania and Butler in Canada. A rumor
that they intended to plead guilty ana
testify against "the man higher up was
disposed of in short order by MI Bohan
yesterday
"They are absolutely innocent SAID
Mr. Bohan "and will demand a speedy
trial. Their record is perfectly clear. Ihe
facts presented at their trial VIII not
only exonerate them, but will show that
they are entitled TO great credit
Mr.. Bohan said that Butler and Duffy
would surrender to-day except for the
fact that no Supreme Court justice wouid
be sitting in the Criminal Branch TO ac-
cept bail.
While Thaw's alleged accomplices were
seeking an opportunity TO give them
selves up Thaws attorneys, Louis J. Nor-
haus and Willard H. Olmsted, in accord
ance with instructions received from
Thaw. attempted to enter plea or not
guilty in Thaw's behalf. The advantage
TO Thaw If he can be tried, and perhaps
ACQUITTED, during his absence is evident
With this Indictment disposed of there
would be nothing upon which TO ask his
extradition.
Mr.. Vorhaus asked Justice GaVeSan te
accept the plea of not guilty, as MADE
by. Thaw's counsel in his absence, in ac-
cordance with the provisions of Section
2g7 of the Code Of Criminal Procedure. He
also asked that bail be fixed.
Justice Gavegan replied that he doubted
If Vorhaus had authoritative information
that there was an indictment against
Thaw. explaining that ii was misde'
noeanor for any official to give out such
information. Mr.. Vorhaus answered that
the newspapers were full Of it.
Justice Gavegan decided that, in any
event. he could not hear such motion
unless the prosecution was represented
At the direction of the court William
Penney, clerk. inquired II there were
representative of the Attorney General II
court There was no answer and Jus
tice Gavegan directed Mr.. Vorhaus TO ap'
pear again on Monday, after notifying the
Attorney General.
A representative of the Attorney Gen.
eral informed Justice Gavegan later that
William Travers Jerome was the only one
in tho Attorney Generals Office familiar
with the Thaw case. 1t is probable that
II the motion is renewed on Monday the
Attorney General will ask for an adjourn
nent until Mr.. Jerome's return from Al
bany.
Albany Oct A-William Travers Je-
rome and Deputy Attorney General
Franklin Kennedy left to-day for Con-
cord, n. H, armed with new papers re-
ouesting the return of Harry K. ThaW
10 this state. Governor Glynn signed the
new requisition for extradition late TO-
day, after a conference with Jerome
Kennedy and Attorney General Carmody
While II was agreed that new papers
were not absolutely necessary, ii was de-
cided that they be issued in order thai
there might be no question raised as &c
the validity Of the requisition made for