The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-08-21
THAW IN NO HURRY
Habeas Corpus Writ Was Not
Returned Today.
Defense DESTROYS of Strength
ening It's Position.
ANOTHER LAWYER IS HIRED
His Sister and Law
Have Arrived.
Much Speculation as to What
Will Be Done.
ANOTHER LAWYER is HIRED

Sherbrooke, Aug. 21.-Harry K.
| Thaw. Matteawan fugitive, will be ar
rafgned in the superior court here on a
writ of habeas corpus at 10 o'clock on
"Wednesday next. His counsel agreed
| to this this afternoon.
Lawyers for Thaw, fencing for po-
sition in his fight to resist deportation
| to the United States after his flight
from Matteawan, won an advantage in
| Sherbrooke today by delaying his ap-
pearance in the superior court on Il
| writ of habeas corpus
| Dominion immigration officials and
with them the district attorney and
sheriff of Dutchess county, New York,
| had hoped that Thaw would be pro-
duced at 10 a. m, discharged on the
present defective commitment and
thus allowed to fall into their hands
for deportation at a point on the bor-
der as yet undecided.
Thaws lawyers, however believing
in the advantage of delay, declined to
serve their writ on the jailer or as
locally known, 'the governor of the
prison." and Thaw remained in his
hospital ward cell chatting with his
brother-in-law and sister, Mr.. and
Mrs George Lauder Carnegie. 'He is
locking fine said the former Mar
garet Thaw as she left the Jail
Dr. Britton d. Evans director of
who arrived with the Carnegies last
night, also conferred with Thaw.
New Lawyer on the Job.
Sherbrooke, Aug. 21.-After an
all night conference, counsel for
Harry K. Thaw announced this morn
ing that they would not produce the
Matteawan fugitive in the superior
court today on the writ of habeas
corpus obtained yesterday. They ex-
planned that the writ is returnable at
any time and although 10 a. m. today
had been tentatively agreed upon yes
terday they had decided to delay pro-
ceedings pending further conferences.
According to present plans they will
use the writ tomorrow morning.
This marking of time by the de-
fense was due mainly to the arrival
last night of Mr.. and Mrs. George
Lauder Carnegie, brotherin-law and
sister of the prisoner who are anxious
that no court step be taken until every
bulwark of defense has been strength
ened. j. d. GreenshieldS of Montreal,
an eleventh hour addition to the Thaw
lawyers pointed out that the writ was
returnable at the pleasure of counsel
go over his case more thoroughly be-
fore coming into court. The move
came as a surprise to the immigration |
officials and to District Attorney Con- |
county, New York. They had expected |
that Thaw would be arraigned before |
noon today released on the present !
commitment, then held as an undesir- |
able alien and quickly deported.
AS matters stood this forenoon in |
dications were that this program had |
simply been put off day. With Thaw |
once in the hands of the immigration
authorities opinion varied as to what |
course would be followed.
Much Speculation.
One version had it that he would
be returned to Coaticook, where he |
was arrested Tuesday, and from
there deported. if proven to be an
alien, to the nearest bor-
der point in Vermont or New Hamp |
shire. Another theory advanced was
that counsel for Thaw would at
tempt to show that he had a through
ticket to Detroit and would demand
that he be taken there and released.
whole proceedings would be trans
ferred to Montreal, where the case /
would be threshed out before a spe-
cial board of inquiry.
Neither Thaw's lawyers nor the i'm
officials, nor officers from
the state of New York seemed to
know this morning just what the out
come would be. MeSSrs. Conger and
Hornbeck hoped that some arrange
ments could be made whereby Thaw
would be taken to the New York
state line. On this point the immi-
grafton officers were noncOmmittal.
Feverish and worried, Thaw dressed
before sunup today and received Mr..
and Mrs. Carnegie as his first visitors.
Though apparently cheered by their
arrival their presence seemed to make
him more close mouthed than ever re-
sarding his escape.
Thaw's fellow prisoner, who de-
scribes himself as Mitchell Thompson
but who has been identified by Conger
and Hornbeck as Roger Thompson,
driver of the black racing car which
Thaw away from the asylum
silent in his cell today.
with violating the Canadian
.ic across the border, Thompson was
unable to furnish the $500 bail re-
luired and must stay in his cell until
Friday, when he will have a hearing.
Safe Where He Is.
Owing to the errors in the papers
committing Thaw to Jail he is safe
here for an indefinite period as no
late for the hearing of his case was
mentioned in them. While in Jail Thaw
s also safe from the immigration de-
1artment which has no power over
him.
BY allowing Thaw to remain in Gus
ody the defense has offset the i'm
migration authorities who had been (
Waiting with confident expecta ton for
ThawS release from Jail when they I
would have pounced upon him and it !
S firmly believed ordered his deporta-
ion at once. Thaw is, of course, fight
ng against being deported to the New
(ork state line, such a move would
ntail his immediate reinearceration in
Iatteawan.
Little importance is attached by the
department to the fact
hat Thaw has through ticket to