New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-09-04

the Dominion government must not be
considered. and that the Jail Of this dis
trict is not TO be used as a house of
refuge FOR such purpose.
Liberty Thrust Upon Him.
There is no doubt that a consider
able difficulty has been met with in de-
termining the rights Of parties in this
case. but in doubtful cases the court
always inclines in favor OF liberty. In
numerous cases II has been held that it
is the duty of a judge hearing an APP
plication for discharge under writ of
habeas corpus when a prisoner is re-
strained OF his liberty under a statute
10 discharge him unless satisfied by
unequivocal words in the statute that
the imprisonment is warranted by
statute.
The court doth, therefore, grant the
said petition, maintain the said writ OF
habeas corpus, and declares the same
absolute. and doth further declare that
the taller has no authority 10 detain
the said Harry Thaw in the said com
mon Jail in this district, and whether
the said Harry *. Thaw wishes TO ex-
ercise and enjoy his personal liberty or
not. he is entitled to his full liberty.
and he is hereby liberated and dis
charged from his present detention in
the said Jail, and Is hereby restored to
the liberty he enjoyed previous to his
said arrest and detention"
III they have doctors all ready TO
pronounce Thaw insane. as | am in
formed they have. there is almosr no
hope of preventing his immediate de-
portation." said w. l.. Shurtlen. the
first Of Thaw's counsel 10 arrive. Il
believe II we could find way to get
the case into the courts We would have
good chance TO prove this immigra-
ton act unconstitutional, on the ground
that il is inconsistent with the Ashbur-
ton treaty. But II the authorities at
Ottawa are as determined To- send
Thaw back as they seem to he, then
doubt very much II they would pay any
attention To any writ Of prohibition We
might obtain
The immigration act expressly pro-
vides that no court may interfere with
the findings Of the board OF inquiry,
and I am afraid that the immigration
officials will act before we have found
way 10 circumvent them"
All the Work of jerome.
1t was William Travers Jerome who
had the writ of habeas corpus sued out
on Saturday, with John Boudreu, chief
OF police Of this village. as petitioner.
Tomorrow morning a special board OF
inquiry will sit in his case. and by
night he may he thrust across the Yer
mont border as an undesirable alien.
His lawyers have planned no procedure
to resist eXtradition 10 New York, and
the belief was current tonight that
before many hours Thaw would be
back in Matteawan Asylum for the
Criminal Insane, from which he es-
capped on August II.
Jerome had not a word To say. AS
II divining in advance that Thaw was
TO be forced out of the Sherbrooke Jail,
he preceded him here by automobile
and was sitting in the machine gazing
down the roadway when the car bear
ing Thaw came into sight. Franklin
Kennedy. Deputy Attorney General of
New York. was seated beside Jerome
The first thing we saw" said Mr..
Kennedy, was the spiked helmets of
the Dominion police. Then the car
swept by us. and there vas Thaw. APP
parenty at his ease"
Nobody expected decision ca the
habeas corpus writ so soon. But ru-