Arizona republican., 1913-09-14
Will Use This Method to Prevent EXtradition if Governor of New ELamp- shire Honors Acquisition of New York Executive
AND JEROME
 IS PEENED
Characterizes Latest Move of Fugitive's Attorneys as Breaking Faith and Misuse of the Federal Tribunal
ASSOCIATED PRESS D1sPArCH1

 COLEBROOK, Sept. 13.-The writ of i habeas corpus which has been so often i gotten into the career of Harry K. ! Thaw since his incarceration at Matte awan, cropped out again this afternoon ! in his fight to resist eXtradition from 1 New Hampshire after his unexpected deportation from the Dominion of Can ada. This time and for the first time in the history of Thaw's efforts to re- gain his liberty, a writ was issued by a federal court
 United States Judge AIdrich of the district of New Hampshire, granted the ! application of three of Thaw's law yers. Martin, Shurtley and Olmstead and made it returnable at Littleton on Tuesday. William Travers Jerome specially deputized to bring the fugi- tive back to the asylum. heard the news with i'll grace and characterized the move as one of bad faith. There had been a gentlemen's agreement. he said. i that neither side would make any move pending extradition hearing before Governor Felker at Concord, next week. Thaws lawyers led my Moses H. Grossman, said the writ was one of expediency and had been obtained to meet an emergency should the gover- nor refuse a full hearing in the extra dition matter and sign a acquisition warrant and forthwith turn Thaw over to the officers from New York. For this reason he believes now he added a full hearing will be accorded the fu- gitive and in view of this probable re- quest on Tuesday, the habeas corpus hearing will be continued.
 Tt seems to me" said Jerome grimly. that this is trifling with the federal court I should hesitate to apply for a writ under such circumstances"
 Thaw is likely to remain here until the governor sets a date for the hearing which may be Wednesday of next week or later
 Tonight the fugitive gave out tele- gram which his mother Mrs Mary COpely Thaw. sent from Montreal to Governor Felker. He added she would not come here at present in view of the uncertain status of affairs.
 Most of the Canadians who followed Thaw across the border in sympathetic enthusiasm and spoke openly Of their desire to assist in another break for liberty. left COIebrOok tonight and the talk of kidnapping, so rampant for a few days, has died down considerably. The Thaw lawyers in yelled remarks still contend that they feared strong arms" work on the part of the author ities from New York and the guard about the fugitive's room was main tained tonight as usual.
 Grossman, of the Thaw counsel in charge of the plans for resisting extra dition, issued tonight a statement out lining in q general way what will be the gist of his arguments before the governor.
 No man in the wOrld", he said, "Oc- cupies more anomalous position today than Harry Thaw.
 They are endeavoring to extradite under cover of charge of a crime, man, who they themselves. must admit cannot commit crime, for the pur- pose of recommitting him to an asylum. where, if he is sane, he certainly should not be kept and in which even though he be insane, they have no legal right to keep him.
 Papers have arrived from New York charging Thaw with the crime of con- spiracy to escape, at the same time al- leging he was properly confined in the asylum. If he was properly in an asylum he could not be guilty of con- spiracy or any other crime. Sheriff Hornbeck of Duchess county. in which Matteawan it situated, ar rived at Colebrook tonight with a 1 requisition warrant signed by Acting Governor GIynn. Jerome inspected the papers to see that they were perfect and will lay them before the governor early next week.
 | A petition to Governor F'alker pray | ing that he refuse the eXtradition of l ThaW on the ground that Thaw has | suffered enough for his crime was cir | cuIated in Colebrook today. Up to to- night it was said that 105 signatures had been obtained.
 FeIker Noncomnittal l ROCHESTER,, Sept 13.-GOvernOr Samuel D. FellIer at his home tonigst said he did not know what effect | if any the granting of the ap l Plication for a writ of habeas cor
 pus in the United States district court
 today would have on the eXtradition proceedings in the Thaw case. 1 As a matter of fact" said the 1 governor, T have made no plans Any
 hearing it may hold will take place l later than Tuesday and maybe We'd