South Bend news-times. (South Bend, Ind.) 1913-1938, 1913-09-06
PROSECUTOR REFUSES
TO DROP JEROME CASE
Declares EX-DiStriCt Attorneys
0ffenSe in Gambling in Pub
lie Cannot Pass UnnotiCed-
Accused Attorney Now in
New Hampshire.

COATICOOK, Que. Sept. 5.-About
one years time may elapse before it
is legally determined whether Harry
X. Thaw. the fugitive from the Matte
avian asylum for the criminal insane,
is to be deported from Canada, or is
| to receive the protection of its laws.
Assurance to this effect was given to
Thaw today by his counsel.
Thaw is certain that ne has won
long delay and Immediately after
! breakfast began packing up for the
journey to Montreal where he must
be produced in the supreme court on
Sept. 10, when arguments will be de-
livered on the writ of habeas corpus
secured by j. n. Grsenshield and n.
X. LaF'lamme from Justices Cross and
Gervais in the court of appeals. 1t
had been supposed that lireenshield
and LaFlamme had withdrawn from
the case, seeing nothing but defeat,
but their retreat was only a mastery
piece Of strategy by which the doors
may have been opened Tor a test of
the constitutionality of the immigra-
tiOn law governing deportation.
Thaw Ready to- Move.
The fugitive was not certain when
he would be taken to Montreal but he
assumed that no time would be lost
and said he was ready to make the
trip today. In fact. ThaW welcomed
the change of surroundings although
he has been touched by the evidences
of friendship shown for him here.
Complications have been added to
the general aspect of the Thaw case
by the events subsequent to the arrest
of William Travers Jerome, eX-diStrict
attorney Of New York on the charge
of gambling Mr.. Jerome was to be
arraigned before Magistrate Mckee
o. HI hut
rett. acting for the New York lawyer,
had the hearing continued for a week.
Meantime Mr.. Jerome left Canada,
going to Nortons Mills, VT. In sense
Mr. Jerome made of himself fugi-
tive from justice. reversing the posi-
ton of Thaw. who is a fugitive in
Canada. Influence had been brought
TO bear upon Crown Prosecutor A G.
Hanson to have the charge against
Mr.. Jerome, who is at liberty on $500
bail, dropped. The crown prosecutor
refused to do this.
Has Received Complaints.
Il received a great number of COM
plants about the open gambling Of
Mr.. Jerome. and 1 consider it my duty
10 push this case against him." said
the prosecutor. He was setting a
bad example for the children of this
community by gaming in public. Ev-
eryone could see him and his COM
panions playing"
This is a sort Of puritanical COM
munity and gambling is looked upon
as a serious offense. Thaw had double
cause for elation and he showed by
act and utteranCe that he is enjoying
the discontinue of the prosecution.
In the first place he has gained
notable point in securing a writ Of
habeas corpus returnable in Montreal
and in the second place his namenis.
Mr. Jerome, is in trouble, with the
possible sentence OF a year staring
him in the face.
VIII Fight Indefinitely.
"It was a glorious victory, a brill
liant legal achievement exclaimed
Thaw. jubilantly. Il had about given
up hope of fighting further on Ca
madam soil when this remarkable
coup was brought about by Mr.. Green
shield and Mr.. aFlam'me. l have
been assured today by w. L. Shurt-
left, my attorney of record, that L
probably will be able TO fight my case
out indefinitely in order TO establish
my civic status in Canada.
Thaws lawyers here are we'll arm
ed. In addition 10 the writ of habeas
corpus they have two other instru
ments which open fighting channels.
These are an injunction restraining
the immigration inquiry from enforc-
ing any decision in the matter or eJec-
ton of Thaw from the decision of
Judge Matthew Hutchinson. The court
Of appeals will hear arguments upon
the appeal from Judge Hutchinson's
decision in the Bourdreau habeas cor
pus later.
Complications Arising.
COMPLICATIONS are arising today and
there are bound TO become more and
more tangled as the case proceeds.
Interesting points of law are being
raised. OF these the appeal OF Judge
Hutchinson's decision in the Boudreau
aabeas corpus proceedings probably
will attract most attention. In these
proceedings Constable John Boudreau
was placed in the position OF trying
to free a man whom he himself had
arrested.
II was rumored that a warrant
charging Mr.. Jerome with being fu
gitive from Justice would be issued but
no steps had been taken in that di-
rection, according 10 the crown prose-
cutor. II is believed by many that
the Jerome case will go TO the grand
Jury Monday. Mr.. Jerome will have
10 stand trial in the October term OF
the Kings bench.
Capt. John Lanyon, who has been
Jerome's inseparable companion,
scoffed at the idea that the New York
lawyer would forfeit his bail by re-
naming in the United States.
VIII Maintain Dignity.
Mr.. Jerome is here as an officer
i - l. Taf lrafw - -