Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-09-01
Uncertain as to Outcome of
Application for Habeas
Corpus Writ.
COURT TO DECIDE ISSUE
: AT HEARING TOMORROW
William Travers Jerome Determined
to Have the Fugitive Returned
to Matteawan.

SHEHBRoOkE, Que, September l.
The Thaw lawyers showed plainly to-
day the nervousness and anxiety with
which they look forward to tomorrow s
proceedings in the superior court of
- Francis county. The decision of SUI
perior Judge Matthew Hutchinson to-
morrow on the right of John Boudreau,
chief of police of Coaticook, to demand
the freedom of Harry X. Thaw. whom
Boudreau arrested two weeks ago.
will determine whether there shall be
set in motion at once the machinery
looking to Thaw's deportation and sub
sequent extradition from border state,
or whether he shall be remanded to the
Sherbrooke Jail to remain until the
session of the kings bench in October
If Superior Judge Matthew Hutchin
son sustains the writ of habeas corpus
which was obtained for Boudreau by
counsel acting for the state of New
York, Thaw may be Immediately turned
over to the immigration authorities for
deportation. Against this contingency
his lawyers have laid plans for a bitter
ifsht.
Boudreau in applying for the writ
contends that Thaw is held illegally,
not being charged with any crime
There is the added clause that Bou-
dreau. conscious of the illegality of
holding the prisoner, is apprehensive
lest he be liable to damages.
Disclaims Intention to Sue.
In their preparation for fighting the
case in it's present status, Thaw's adj
visers have caused him to swear before
notary that he contemplates no dam
age suits, in fact releases Boudreau
from any responsibility in the matter
In this way they hope to show that
Boudreau is diSinterested party IN
the proceedings and has no right to
ask for Thaw's liberty. They have
gone a step further in having Thaw
swear that he is in no way desirous
of being set free at this time, and that
the proceedings are contrary to the
basic principle of habeas corpus
Should those arguments fall ana the
writ be granted they hope to appeal
TO the higher courts and stay the pro-
ceedings.
Lawyers representing New York
maintained today that even should an
appeal lie, the prisoner Will already
have been released. the immigration
authorities will have seized him ana
accomplished the desire of the state.
When Wednesday last Thaw's law
yers succeeded over the opposition OF
the writ ON which Thaw was then to
have been liberated, Judge Arthur clio
bensky. presiding in the superior couI =. U.s. :
state on the ground that the proceedings
were ex parte, and that New YORK hau
no standing in court. tomorrow mai nal
tiers will be exactly reversed. II Will
lie the New York lawyers who are De1ore
the court with writ. Those VINO nave
studied the case were wondering To-Day
whether Judge Hutchinson would follow
the precedent set by his brother Jurist
and refuse Thaws counsel a hearing.
Jerome Returns to Sherbrooke.
William Trayers Jerome. Thaw's old
prosecutor and now chief of the forces
seeking his deportation. was back in
Sherbrooke today, after spending the
week end in Quebec. He is prepared to
stay until he has exhausted every effort
to get Thaw back to Matteawan. Should
tomorrows writ fail there is reason to
believe that some action may be taken
through DR.. Raymond kieb, superin-
tendent of Matteawan. and as such
Thaw's legal custodian. 1t was pointed
out that Dr. kieb could demand that
Thaw, as lunatic, be surrendered to
him.
Jerome believes firmly that Thaw will
GO back to Matteawan, and soon. He
believes that IL further legal entangle-
ments arise here high Dominion au-
thorities. branding Thaw's detention
mand his release
Sudden Move Disconcerting.
Thaw's lawyers were swept off their
feet by Jerome's sudden move in obtain
ing writ of habeas corpus requiring
Thaw's production in superior court here
They spent the day in conferences and
later gave renewed expression to their
belief that the writ would not be sus-
tanned
Thaw spent the day writing letters and
debating to his stenographers AS was
the case last Sunday, there was no re-
ligious service in the. prison. Several
women called and gave the prisoner
flowers.
W. T.. Shnrtleff OF .Coaticook, the first
attorney retained for Thaw after his ar
rest. said ne had heard that John Bou-
dreau. the Coaticook chief Of police. told
number of friends he had signed the
petition for the writ OF habeas> corpus in
the Thaw case through mistaRe. Some
one had told him. so. the story ran that
he was afflxing his signature to a docu-
ment that would indemnify him should
Thaw decide to sue for false arrest
Boudreau lenied, however. that he had
what he was doing. Friends might criti-
else his act, he added, but he had acted
with his eyes open. -
Thaw's lawyers denied they were trying
10 cCefce bouureaO into asking Tor UlS-
continuance Of the writ.
Lines of Action Open.
Should tomorrows court battle &c
against New York in its fight to return
Thaw to Matteawan, two possible lines
Of action will be open-one. to have the
commitment on which Thaw is held nolle
pressed by the minister of justice; the
other to renew efforts looking to it's with
drawal by Alexius Dupuis. the Coaticook
justice of the peace. who drew il up
Dupus has remained obdurate so far.
Thaw is highly incensed at Boudreau
for asking for the habeas corpus writ
He said he never had any intention OF
suing anybody.
Thompson Leaves Sherbrooke.
Gentleman Roger Thompson, the
Times Square chauffeur who drove for
Thaw on the trip from Matteawan. dis
appeared from Sherbrooke today. 1t was
learned he had gone to Montreal. AL.
though he had disclaimea any intention
of jumping the $500 bail on which he was
held here on the charge of aiding Thaw
ia cross the border, the state of New
York is taking no chances.
Thompson is under indictment ir
Dutchess county on charge OF conspir-
ing with Thaw and five others to bring
about Thaw's release and detectives un.
der Capt. John IIanyon, who accompanied
Jerome here. followed him on his jour.
neyings His case comes up here Wed.
nesday.