Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1913-09-13
THAW LAWYERS
ARE GRANTED
A WRIT
FEDERAL JUDGE GRANTS The APPu.
CATION or THAW'S ATTORNEYS,
AND ENJOINS ALL PARTIES FROM
INTERFERING WITH HIM IN ANY
WAY WHATSOEVER.
MEANS BREATHING
SPELL UNTIL TUESDAY


! Concord, \. H., Sept. 13.-ln the
/ United States district court in this
city this afternoon, Judge Edgar Aid
rich granted the petition of counsel
! for Harry X. Thaw for a writ OF
/ habeas corpus, returnable at Littleton,
en- Tuesday next at II a. m. Ma
thaniel f. Martin of this city and Mer.
rill Shurtleff, of Lancaster, appeared
as counsel for Thaw. The state of
New York was not represented at the
hearing.
Proceedings were in chambers, only
| the Judge, counsel and clerk of the
court being admitted. Judge Aldrich
issued also an injunction restraining
all parties from interfering with the
service of the writ or with Thaw,
pending the hearing at Littleton
Copies of the writ and injunction will
be served on Sheriff Drew, of Cook
county. VIM. T. Jerome and Attorney
General James P. Tuttle.
The effect of this proceeding is to
til next Tuesday.
After another night of rumors Of
kidnapping. Harry X. Thaw awoke to-
day to gaze on the rain soaked
streets and to confer with counsel re-
garding the hearing with Governor
Felker at Concord in opposition to his
eXtraditon to the state of New York.
This hearing according to the under
standing of the Thaw lawyers will be
held on Wednesday. Thaw will prob
ably be removed to the capital Mon
day without further court procedure
here.
Neither side trusting the other, and
Thaw's special guards trusting neither
side, all hands kept watch at the hotel
where Thaw is housed until well after
midnight. AT 2 a. m. an oyerwrought
reporter sure of the presence or
some strange men and automobiles
about the building meant no good, ran
down the silent Railways shouting at
the top of his lungs The entire hotel
was awakened in an instant. Sheriff
Drew. who had retired ran into the
hall in his night clothes, and twenty
reporters, half dressed and disheveled
dashed down to the lobby to telephone
for automobiles. Women guests peek
ed from behind doors on the verge OF
Mysteries and the Thaw guards, wor-
ried, but ignorant of what was the
matter, massed themselves in front OF
his door. e. :,
Thaw himseif did not wake up.
William T. Jesame also slept soundly
though Franklin Kennedy, deputy at
torney general from New York. ap-
peared for a few moments until. he
satisfied himself, that Thaw was safe.
MIR, Jerome received telegram
shortly before 10 o'clock announcing
the arrival of Sheriff Hornbeck. OF
Dutchess county, at Concord, with the
eytradition warrants. Jerome immedl-
ately tried to get in telephone COM
munication with him.
Thaw's consel left for Colebrook at
3 30 this afternoon and Judge Aldrich
took the same train for his home IN
I.;ttleton. The federal court action
heads off extradition with the result
that the case may be taken by appeal
TO the United States supreme court at
Washington.
Concord, N. H., Sept. 13.-Judge Al
drich's rescript says in part:
'The petition of Harry X. Thaw for
a writ of habeas corpus under United
States authority invokes the l4th
amendment to the constitution of the
United States, which, among other
things, declares that no state shall de-
prive any person of life, liberty or
property without due process OF law.
as we'll as other federal laws with ref
erence to the restraint of personal lib
erty.
"While reserving to federal authorl-
tv the exercise of all such ultimate
power and the charge of all such duty
as the constitution and laws of the
United States contemplate in situa-
tion like this, and while according to
federal and state Interpretation. State
in respect to extradition re-
suits primarily, if not altogether from
federal law, is not intended that the
issuance of the writ shall interfere at
all. for the present at least, with such
OF the authorities of the state OF New
Hampshire as may be called on to
deal with problems involved in the
nroposition of eytradition.'