The San Francisco call., 1913-08-31
JEROME IN COUP
GETS THAW WRIT;
HEARING TUESDAY
Fugitive's Lawyers Sur
prised When Madman's
Favorite Weapon Is
Turned Against Him
FIRST STEP FOR
ASYLUM RETURN
dabeas Corpus Move Like
ly to Force Prisoner
Across Line

SHERBROOKE, Que, Aug. 30--
Harry K. Thaw's favorite though inr
effective weapon in the New York
courts-the writ of habeas corpus
was turned against him today by his
old prosecutor. william Travers Je-
rome. as a means Of forcing Thaw
into court here next Tuesday in or
der that the immigration authorities
may deport him to Vermont, In what
Jerome hopes will be the first leg OF
the return to Matteawan asylums
Satisfied with his work. Jerome de-
parted for Quebec to spend Sunday.
he was accompanied by Franklin
Kennedy, deputy attorney general or
New York.
John Beudreau. the rural chief OF
police in Coaticook, Thaw's proud
captor, was the fu1crum used by
Jerome and his Canadian lawyers in
obtaining the writ. The chief was
ersuaded that Thaw's detention In
he Sherbrooke Jail, on defective
commitment might result in damage
uit for false arrest, SO he petitioned
Superior Judge Hutchinson to have
the prisoner produced in court.
WRIT UP TUESDAY
Judge Hutchinson, at first 10th to
disturb the status of the case, Thaw
/ having been remanded TO jail for an
indefinite term by brother judge.
Arthur G1obensky, finally consented
to hear arguments on the writ at ~
A. m. Tuesday, when Thaws lawyers
will have an opportunity to oppose IT:
If the writ is sustained, Thaw VIII
be turned over to the immigration
officers at once, will be taken TO
Coaticook for hearing and doubtless
thrust across the Vermont borders
there to be seized by deputy sherins'
acting for New York state, on the
warrant charging him with cohspir
ing with Howard Barnum. the Mattea-
wan guard, and others to escape.
Jerome's coup was made possible
bv the sudden return here OF Judge
Hutchinson. who had been in Maine
on MS vacation. BY the merest
chance. Samuel Jacobs. chief counsel
for the New York interests, was ap-
nrised of his return. and made dasn
back to Sherbrooke after leaplns
from a train bound for Montreal. Inc
immigration authorities, also pounu
thither. returned on the next tram
| ana waited about the courthouse to-
dav In the hope that the hearing on
| the habeas corpus writ would be neio
at once.
THAw LAWYERS SURPRISED
Tbaw,s lawyers were taken COM
pletely by surprise. ~,
I'VE do not think this move VIII
stand in court" said w. X Mck Gown
Of Thaw's counsel. New YORK -
usinr Johr Boudreau as a pawn. 1t is
an abuse of the writ Of habeas cor
pus. A writ of habeas corpus ls -
sued presumably in prisoners Pc
half In this case 1t has been used
he
enemies 1t is a mere subterruge.
I'VE do not criticise our opponents
lkhs taking this action while we were
lout of town, for we doubtless snon4c
Rave taken like advantag should we
have had the opportunity. However.
there was a sort of mutual under
standing that nothing was TO be done
in the case until "Wednesday wnen
Roger Thompson's trial is TO go on.
Mr Jerome smiled grimly at his
victory. The Thaw lawyers had
thought the next move would bo
made through Alexis Dupuis, the
Coaticook justice of police, who'com-
mitted Thaw. 1t had been said that
New York was bringing pressure to
bear on Dupuis to withdraw the CON-
mitment. With the attention OF the
Thaw lawyers rlveted on this, some
one quietly visited Boudreau and got
him to sign the certificate.
PETITION HOLDS ARREST FAULTY
It was presented to Judge Hutchin-
son in chambers by Samuel Jacobs
acting for New York. Stripped OF It's
legal verbiage, 1t reviews the details
of Thaw's arrest August 10; main
tains that he is held on a faulty
commitment; sets forth the desire OF
the petitioner TO redress any wrong
done Thaw, and to avoid any fur
ther liability for damages" and con-
cludes as follows:
therefore, your petitioner prays
that writ Of haheas corpus Issue.
addressed to the said J. Fl. In Force.
who illegally detains the said Harry
| X. Thaw in the common jail for said
district, ordering him forthwith TO
| bring and produce before judge OF
the superior court for the third dis
| trict the body of said Harry *. Thaw
| and show cause why the said Harry
X. Thaw should so be detained. and
that unless proper and legal cause OF
detention be shown that the said writ
! OF habeas corpus be rnaiQtaincd and
! said Harry X. Thaw setf at liberty,
~-o,,~ ~,a4f+foro- will ouar