Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-08-21
THAN 5 Lawyers
Delay HEARING
DECIDE NOT TO ARRAloN CLIENT
UNDER HAeEAe CORPUS WRIT
UNTIL THURSDAY.
IMMIGRATION OFFICIALS
suRPRlsEp, DISAPPOINTED
Expected Thaw Would Be Released
Under Present charps Dut Ordered
Departed 40 Undesirable Alisn-An.
ticipatsd That This Program Will os
Followed Thursday-Play For Time.

Sherbroeke, Quebec, Aug. 21.-Law.
yers for Harry K. Thaw. fencing for
position in his fight to resist deporta-
tien to the United States. after his
hight frem A&atteawan. won an ad-
vantage teday by delaying his appear
ance In the Superior court on q writ Of
habsas corpus. Immigration officials.
ana with them the district attorney and
sheriff Of Duchess county, New York.
had hoped that Thaw would be pro-
dueed at 10 q. m, discharged on the
present defective commitment, and
thus allowed to fall into their hands for
deportation at q peint on the border as
yet undecided.
Thaw's lawyers, however. believing
in the advantage of delay. declined to
servo their ":!: &C the te!!ec. or. as
locally known, the governor Of the
prison, and Thaw remained In his
hospital ward cell. chatting with his
brether-in-law and sister. Mr.. and Mrs.
George Lauder Carnegie.
Superior Judge Lobensky was sought
by the officers from New York and the
immigration authorities to insist on the
service Of the writ, but the court held
that Thaw's lawyers were within their
rights.
Court Room Crowd Disappointed.
There were no court proceedings
during the forenoon, altho twonIspeople
jammed tho court room. Thaws bat
terry Of lawyers. victorious thus far In
keeping their client In jail, agreed to
announce this afternoon what DISPOSE
tton they purposed to made OF their
idle writ. II they stu preststed In not
serving It. the immigration officers ana
District Attorney Coger. Of Duchess
county, planned to have the writ de-
clared void and insist on Thaw's are
raignment at once.
Conditions Unusual.
Today the case had reached the
stage where the usual return Of the
parties to Q criminal action are a6so.
lutely reversed. On the one hand the
lawyers for tho prisoner were found
lighting hard to prolong his imprison-
ment, while the authorities. local.
dominion. ana United states. were
anxious to have him set free, Arm in
the belief that the immigration ofei-
cials would seize him ana force him
across the frontier.
Mr.. and Mrs. Carnegie spent nearly
an hour with Thaw before noon.
"He IL looking nne." said the former
Margaret Thaw. a. she left the jail.
DR.. Britton D. Evans, director of
the New Jersey state hospital at Mor-
ris Plains. who arrived with the Car.
negies last night. also conferred with
Thaw.
Hearing Not Till Next Wssk.
Harry K. Thaw will be arraigned In
the superior court hero on Z writ Of
habeas corpus at 10 o'clock on We'd
nesday morning next. His counsel
agreed to this today.
Sherbyooke. Quebec. Aug. 21.-After
an all night conference counsel for
Harry Thaw announced this morning
that they would not produce the Mat
teawan fugitive in court today on the
writ Of habeas corpus.
They explained that the writ is re-
turuable at any time. and that while
10 o'clock today had been tentatively
agreed upon. they had decided to sus-
pend proceedings pending further con-
ferences.
This marking Of time by the defense
was due mainly to the arrival OF Mr.
and Mrs. George Louder Carnegie.
brother in-l law and sister Of the pris-
oner. who are anxious that no court
steps shall be taken until every bull
wark shall be strengthened
Attorney Greenfield, OF Montreal. an
eleventh hour addition to the Thaw
lawyers. pointed out that the writ was
returnable at the pleasure Of counsel
for Thaw. and that 1t would be best
to go over the case more Thoroughly.
Anticipate Deportation.
The move came as q surprise to the
immigration officials and District At
torney Conger and Sheriff Hornbeck Of
Duchess county. New York. They ex-
pected Thaw would be arraiened be-
fore noon, released on the present COM
mittment. and then held an IN unde-
siraaole alien and quickly deported. As
the matter stood this forenoon indica-
tions were that this program had sim
ply been put of q day. With Thaw
once In the hands Of the Immigration
authorities, opinion varied ~ to what
course would be followed.
hepo 70 Dsport Him.
II the writ u sustained he will be q
FREQ man. But Tor how long ne Will Do
free 10 problematical. Dominion Inn
migration authorities, watching every
move In the case. announced they
stand ready TO detain him. should he
be released. and then to take steps
to thrust him back across the border
as IAN undesirable alien" either at the
New Hampshire line. where he entered
the dominion. or at some point In New
York state.
Facing such situation, Stanford
Whites erratic slayer, ordinarily
loouacious, has shut his lips tight and
for once in his life has refused 20 be
interviewed. He has talked va9usly Of
matters not appertainin1 20 his es-
cape. hut not one word has come lrom
him regarding his hight from 1fattea-
wan Of Of the inception of TIE plot
5ss sNSs III