The Bridgeport evening farmer., 1913-08-27
New York State Practically Ruled Out By Judge CIobensky
 Today
His Honor SuStainS ThaW's Counsel In Notice To Discontinue Habeas Corpus Proceedings, And AdjOurns Court Without Hearing Other Side
 Of The Case

fore a magistrate or before the King Bench at criminal side. Tn withdraw ing the writ they contended that they were we'll within their legal rights. This was the situation up to 1 a. m., when Franklin Kennedy, deputy attor- ney- general of New York, hurrying here after a trip to Ottawa, where he conferred with the Dominion depart nent of the interior with reference to Thaw's deporta ton, announced that Canadian counsel, acting through the Crown prosecutor, would seek to force Thaw into court today. He maintained, moreover, that the move of Tha-w's lawyers to abandon the habeas corpus writ was irregular and would at 1eastI have to be sanctioned by Superior Court Judge Arthur G1obensky, who granted it last week Judge GIoben- sky arrived during the might from Montreal and it was expected that Thaw's lawyers would consult him about the writ soon he came to his chambers. It was not known in advance whether it would be neces- sary to take the matter into open court.
 W. R. McKeown, Thaw's chief Do- Ininion lawyer, was indignant over the that they would probably bring Fhaw into court today.
 That might go in a Duchess county court he said, "but this is the Dis or [. Eranc1S, CanaQd. IL Is diculous. There must be some dignity. | in our court procedure The State o1 l New York cannot jump in and run 1 things to suit itself at a moments mo- l tice. We have precedent in our desire and right to withdraw the writ of ha- beas corpus. If we choose to let our client stay in jail it is our affair. Get | ting him out is their trouble Tie bun l gling commitment on which he is held specifies no time for it's return and we | believe Thaw. can demand trial by jury"
 Thaw, in, his hospital ward cell in the ancient jail on the hill, knew noth- | ing of the approaching conflict over | the increasingly complex phases of his case. When he retired last night after a day spent in furthering his public ity campaign now an obsession with
 him, he had been assured by his law i yers that he was to be secure in jail
 for several weeks to come and with I drawal of the habeas corpus writ was a mere forma1ity already consummat- ed. Thaw perfunctorily fixed his sig | nature to the prayer for discontinu- Il ance and asked no questions
 William Travers Jerome attended a
 banquet last night given by the Sher- .I brooke board of trade and let others do the worrying about the changing ground in the Thaw case. He had said that not being a Canadian lawyer, il
 
 the defense that Thaw could stay in
 jail as long as he p1eased-and he did not care to make any predictions. Dis
 trict Attorney Conger of Duchess coun- 7I ty, took the same stand. It was not ) until Mr. Kennedy's late arrival thai the New York State forces disclosed what they purpoSed-or at least whai they hoped to do.
 John E. Mack of Poughkeepsie, who
 returned last night from Ottawa, came prepared for any contingency. H. brought with him Sheriff Drew of Der lin. N. H., and Sheriff Richard Beattit , and Deputy J. Brown of Maidstone
 Vt.
 stIf they put Harry Thaw across th'
 border we want to be ready to seizt
 him in either state," said Mack.
 MT McKeown and J. N- Green shields, Thaw's chief counsel, reached f the courthouse shortly after o'c1ocl
 and went into conference with th' v judge. Crowds began to collect in thu 2 courtroom, waiting for developments
 It was apparent that the first skirm s ish wou1ds be over the habeas corpus e writ.
 5 Hurrying from his chambers, tn fudge instructed the sheriff that whil, , he was undecided whether to sustail = the withdrawal of the writ, Thav s should be brought into court durin : arguments on the question. Nearl, all the lawyers were in court whe1
  e this announcement was made. Tn V news spread swiftly and the crowd be
 gan to grab seats and standing room
 Thaw came into court at 10 o'clock n He was calm and wore new gra ' suit Thaw sat his back to the spec e tators and began talking with hi y lawyers.
 Il Jerome came into court at 9:5o an D took a seat in the front row directl in front of the judges bench. He ha T to convince an attendant of his con n nection with the case before the latte . . would give him a chair. A touch C Il ! color was added to the scene by tn . presence of four Dominion feders U police wearing spiked helmets M
 Conger stood talking to Jerome Thre
 hundred persons were standing u
 back of the seating area
 Thaw was brought to court in Y cab in custody of a high constabl and Gov. La Force, of the jail. = was not handcufed. His hair wa .- CContinued on Page 9