The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-08-31
Will Be Forced Into
Court on Writ of
Habeas Corpus.
HE MUST APPEAR
ON NEXT TUESDAY
Counsel for New York State
Hopes This Will Be First Step
in Return Trip to Matteawan
Asylum-Prisoner's Lawyers
Taken by Surprise, and
Will Resist Application.


Harry K. Thaw's favorite. though in
effective weapon in the New York
courts-the writ OF habeas corpus
was turned upon him to-day By his old
prosecutor. William Travers Jerome.
as a means Of forcing Thaw into court
here next Tuesday. In order that the
immigration authorities may deport
him 10 Vermont. In what Mr.. Jerome
hopes Will be the hrst leg OF the trip
TO MnttenWan Asylum.
Tonight, satisfied with his york.
jerome left for Quebec to spend sun
day. lie was accompanied by Frank
lin Kennedy. deputy attorney general
OF New York.
John Boudreau. the chief of police
at Coaucook. Thaw's proud captor af-
ter he had crossed the Canadian from
tier. was the fuicrum used by Jerome
and his Canadian lawyers in obtain
ing the writ. The police chief was
persuaded that Thaw's detention in the
ShcrbrooNc Jail. on defective COM
mitrIent might result In a damage
suit for false arrest. so he petltioned
Superior Judge Samuel Hutchinson TO
have the prisoner produced in court
Argument on TueHdRy.
Judge Hutchinson, at hrst loath to
having been remanded TO jail for an
indefinite term b. brother Judge.
Arthur Globenski. finally consented TO
hear arguments on the writ at 10 A
NJ Tuesday. when Thaw's lawyer. Will
hnve al opportunity TO oppose it.
III the wri, is sustained. Thaes will
lie turucd over TO tho immigration Of
nccrs III once. Will be aiken 10 Coati
cook for hearing, and doubtless
thrust nrross Tie Vermont border
There TO be seized by deputy shcriEs
acting for New York State. on the
warrant charging aim with conspir-
irS witt: Howard Barnum, the Mat
teawan guard. and others TO escape.
Jcrome's coup was made possible by
the sudden return here OF Judge Hut
Crimson, who had been in Maine on
his vacation. By the mercst chance
Samuel Jacobs. chief of counsel for the
New York interests, was apprised Of
his return and made a dash back to
Sherbrooke after leaving on a train
bound fer Montreal. The immigration
authorities. also bound thther. re-
turned on the next train and waited
about the courthouse to-day In the
hope that the hearing on the habeas
corpus writ would be held at once.
Thaw's lawyers were taken com
pletely by surprise. Only two Of them
Charles D. White and Harry Frazer,
were In Sherbrooke There was talk
of bringing the chief counsel, j. n
Greenshieids. of Montreal here by
special train, but he was cruising on
his yacht in the st. Lawrence River
and could not be reached until to-
night. He Will be here tomorrow
The second in command. w. X. Nc
Keown. arrived from Montreal this
afternoon, after the writ had been
granted.
Misuse of Writ.
I'VE do. not think this move will
stand in court" said McKeown. New
York Is using John Boudreau ms a
pawn. 1t is misuse OF the writ OF
habeas corpus. y writ of habeas cor
pus is issued presumably in n pris-
oner's behalf. In this case. II has been
used to deliver him into the hands OF
his enemies. 1t is a mere subterfuge
we DO not criticize our opponents for
taking this action in our absence. for
we doubtless should have taken 1il,c
advantage. should we have had the
opportunity. However, there was a
sort or mutual understanding that
nothing was to be done in the case
s uhtn Wednesday next. when Roger
Thompson's trial is to go on"
Mr.. Jerome smiled grimIy at his vic
tory. The Thaw lawyers had thought
the next move would be made throurh
Alexis Dupuis the Coaticook justice of
the peace, who committed Thaw II
hau Deen Said that New York was
bringing pressure to bear on Dunuis
to withdraw the commitment. VIII
the attention OF the Thaw LAWYERS
riveted on this suggestion, some ono
quietly visited Boudreau and eot him
TO sign the petition.
1t was presented to Judge Hutchin.
son in chambers by Samuel Jacobs
acting for New York Stripped Of its
legal verbiage. 1t reviews the details of
Thaw's arrest Mt Coaticook On August
10. maintains that he is held on
faulty commitment, sets forth the de-
sire of the petitioner to redress any
wrong done Thaw and to avoid any
further liability for damages" and con.
cludes as follows:
Wherefore your petitioner prays
that writ of habeas corpus issue adj
dressed to the said j. H. LaForce, who
Illegally detains the said Harry X
Thaw In the common Jail for said dis
trict ordering him to forthwith bring
and produce before a Judge of the Su-
perior Court for the said district tho
body Of the said Harry X Thaw and
show cause why the said Harry X.
Thaw should so be detained and that
unless proper and legal cause Of de-
tention be shown. that the habeas
corpus be maintained as void and Harry
*. Thaw set at liberty. and your peti.
tioncr VIII ever pray"
Rnv-