The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1913-08-22
WOULD PREFER TO
Be RETURNED
TO VERMONT
ThaW Thinks His Chances Here
Better
HEARING IS POSTPONED
Canada Would Like to Get Rid of Him
and would Welcome His
Departure

Sherbrooke, p. G., Aug. 22.-Harry
Kendall Thaw will remain in the Jail
until Wednesday of next week. barr
ing unforeseen developments. On that
day he is to be arraigned in the SUI
perior court on q writ of habeas cor
pus Between now and that time his
battery of Canadian lawyers hope to
perfect plans not to thwart deporta-
ton, but to submit to it gracefully
to point selected by Thaw. This in
brief was the status last night of Mat
teawan's fugitive, arrested on Tues
day near -Coaticook p. O., and COM
mitted to jail at Sherbrooke on a de-
fective warrant. Ignorant Of the
moves made by his lawyers Thaw has
spent his time pacing the length of
the narrow corridor in the Sher
brooke Jail, and was not even aware
that the writ of habeas corpus in his
case was served on the jailer yester
day afternoon, and but for timely
telephone message he would have
been produced in court yesterday
with a bench vacant.
This incident, variously described
ness and an error due to hurry, arose
after Superior Judge Globensky failed
to specify in writing that the writ
was returnable before him on Wednes
day next. He had set this date in
chambers, but the writ reading Gin
stanter,' when served on the jailer,
set that official into instant action,
and he had called a carriage and or
dered Thaw TO dress for an outing
when a telephone message from the
judge informed him that the latter
was leaving for Montreal, not to re-
turn to Sherbrooke as a circuit Judge
until next week
Meanwhile District Attorney Congei
of Duchess county, n. Y, Deputy At
torney-General Franklin Kennedy or
Albany and Others primarily interest
ed in getting Stanford Whites slayer
across the border, seized on the posi-
bility of Thaw's immediate production
and sought to find another judge be-
fore whom TO arraign him. But Mr.
Laforce, the jailer, or governor" as
wardens are known in Canada, de-
clined to surrender the prisoner until
he had consulted with Sheriff Aylmer,
tiit AdlNtls aittI ltdulIE lub WITH care
fully, said that while no time for its
return was stated, he had understood
from the court that Wednesday was
the day. and he held that Thaw had
better stay in Jail.
Rumors sprouted meanwhile that
the New York authorities were trying
to kidnap .Thaw that an automobile
ives ready to whirl him to the New
York line, that an open clash. perhaps
i'm street battle, was imminent. As a
matter Of fact the officers from New
York were as much surprised as any
one. They had protested at postpon-
ing the proceedings until Wednesday.
but their protests failing had decided
TO bide their time. hoping that when
arrigned Thaw would be released as
fugitive and promptly snapped up
by the immigration authorities as an
undesirable.
The governor of the Jail, explaining
his difficulties, said: Someone rep
resenting himself to be Judge Globen-
sky called me on the telephone this
afternoon and said Thaw would not
need to appear in court before We'd
nesday. ! was not entirely settled as
said something about tomorrow. As
matter of fact. | rather doubted that
II was Judge Globensky. ! was con-
fused, particularly when | received
another call. This time it was from
man who told to get under cover
because something is going to hap
pen. Half an hour later the bailiff ap
peared and served the habeas corpus
papers upon me. saying that | was to
deliver Thaw Immediately. I was as
near bewildered then as I ever have
been in my life. Within half an hour
] had been told 10 produce him We'd
nesday tomorrow and Immediately. |
found a crowd outside and there we're
Wild rumors that the prisoner was 90
ing TO be taken away But of course
these we're untrue and finally
Strengthened matters out BY consulta.
ton with the sheriff"
Thaws lawyers said last night that
they were well satisfied with the
events Of yesterday. They feel now
That Thaw's fate. so far as the Cana.
dian authorities may influence IL. is
practically settled. The departure for
ottawa early yesterday morning of
". l.. Shurtleff. was the first sfep in
plan TO procure. Thaw's removal
rom canada without prolonged legal
proceedings. All Of them profess 10
believe that the minister Of the inter.
LOT vii accede to the request that
lhaW be permitted so nominate his
destination" in return for submitting
without any further protest 10 depor
tation.
Those who are advising Thaw
among them some OF the abiest Grim