Milford chronicle., 1913-09-19
LAWYERS
OBTAIN DELAY
Has U. S. HabeaS Corpus WrlI
to Fall Back On
JEROME FAILS IN FIGHT

Attorneys are Granted Delay and
Judge Says There is no Law BY
Which Thaw Can be Extradited.
Littleton, N. H., Sept. 17.-Judge
Aldrich, sitting in the United States
District Court, here. granted a sus-
pension Of the Federal writ Of habeas
corpus procured by attorneys for Har-
ry X. Thaw, fugitive slayer of Stan
ford White, on the plea Of Thaw's
counsel. The decision was made de-
spite vigorous opposition by William
Travers Jerome, special attorney for
the State of New York.
In an open discussion with Jerome
after announcing the suspension OF
the hearing, Judge Aldrich said that
search of the statutes had failed to
reveal to him any law under which
man in Thaw's position, a lunatie
charged with a crime, could be extra
dited.
The action of Judge Aldrich is a
notable victory for the able lawyers
directing Thaw's fight against return
to Matteawan, whence he escaped on
the morning of August 16. The vic
tory lies in the fact that Governor
Felker is to hear arguments in Con
cord mkt Tuesday by counsel for ana
against the extradtion of Thaw, and,
should he decide to sign the extradi
tion papers, Thaw's lawyer may, under
the writ of habeas corpus have the eA
tradition held up. This will delay the
matter for some time, and possibly
will result in Thaw's freedom.
The first argument in the case was
made by William Shurtlef, for Thaw
who pointed out that the extraditior
hearing in the Thaw case was to be
held in the near future, and asked
that the habeas corpus hearing be
postponed. Jerome objected.
There is no Federal issue involved
here" he said. q feel constrained tc
say that this writ has been obtained
under circumstances which approach
very near trifing with the court
Here he introduced an affidavit by
Lindsay Dennison, a newspaper writer
! setting forth that Thaw's counsel had
/ told him that the writ had been oD-
tanned. not to bring about the fugu-
tive,s freedom now but to safeguard
him in the future against sudden re-
moval should extradition be granted.
This writ" he concluded, presents
no serious question of law or fact, but
was obtained for no other purpose
than delay"
George F. Morris, one of Thaw's
New Hampshire lawyers, answered Je-
rome. The application for the writ
was entirely regular, he said, while
the warrant on which New York
sought to get Thaw was a mere sub
terfuge.
1T is an honest endeavor on our
part to get this matter before the
court" he said. 1--WE have had no as
surance that Brother jerome would
not take Mr.. Thaw at once if the ex-
tradition wrrant were signed"
The court declared that the New
Hampshire statutes prevented him
FROM holding a hearing upon the writ
while the Governors extradidon in
quiry was pending.
] "The immediate question: cohliuu'
ed the court, lis whether the proceed
fngs shall go on or be suspended. 1t
is the judgment of the court that a
suspension would not menace the in
terests of either side and in view oil
the fact that the Governor hesitates
to proceed with the extradition hear
ing until the statuts of this matter
is assured, I suspend it. It is moi
adjourned, but suspended, and sug
gest that either side notify me with
in six days when they are prepared tc
go on with it."
Thaw sat with his eyes riveted or
the court. His lawyers were grinning
He was remanded back to the joint
custody of Sheriff Drew, of Coos coun
tv. who arrested him after his receit
deportation from Canada and United
/ GAoAo- NTorcho1 M11fn