The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1913-09-17
THAW CASE LIKELY
TO FIND WAY TO
SUPREME COURT
Has Chance If RequisitiOn
Papers are HOnOred
VICTORY FOR The FUGITIVE
Counsel for Escaped Slayer of San
ford White Arc Highly
Elated.

| lIlllclOn, n. H., sept. lI-COunSel
| for Harry Kendall Thaw laid yester-
day the foundation for plans to carry
| his case to the supreme court of the
United States. When the governor of
| New Hampshire passes on the matter
OF his eXtradition to New York, at
the hearing to be held at Concord on
Tuesday next, the findings, if adverse
to Thaw, will be reviewed by the
United States district court and,
should a decision against him then
be rendered, successive appeals will
be taken until the case reaches the
highest court in the land.
This was the announcement made
by the Thaw lawyers last night af-
ter the most notable court victory for
the fugitive, either in Canada or in
the United States. since his escape
from the Matteawan asylum for the
criminal INSANE II was made after
hearing on federal writ of hab-
cas- corpus, obtained in Thaw's be.
hair and invoking the 14th amend
ment to the constitution, had been
indefinitely suspended until such
time as counsel saw fit to begin argu.
ments after the eXtradition matter
had been decided by the governor.
Edgar Aldrich, United States Judge
Tor the distrct of New Hampshire. in
deciding that Thaw had the right, in
effect, to hold his habeas corpus writ
III allegiance, explained in his rescript
that this was the petitioners prlvi-
'ege in that should he be ordered ex-
tradited. 1T would sim be open to
federal authority to afford such pro-
lection as The constitution and the
laws Of the United States require"
haw s Jubilant counsel, headed by
Moses Grossman and l.. j. Vorhaus of
New York, departed from Littleton
last night leaving their client in the
joint custody OF the United States
marshal and Sheriff Drew of Coos
county. They will not return until
the hearing before the governor is
called. Not long afterward. the New
YORK state forces. William Travers
Jerome, Deputy Acknowledgement
FRANKLIN Kennedy and Sheriff Horn.
beck Of Duchess county, also left.
They will come back for the hearing
en- Tuesday.
Thaw, according TO the understand.
ing last night, will be taken to Con.
cord this morning. He was quarter
ed in Thayer's hotel last night. feel.
lng fine and predicting tina, the gates
Of Matteawan would never close be-
hlnd him again. Mr.. Jerome had lit.
tie or nothing to say. "Thaw is tied
up now with federal writ" he said
and there is no getting around IA
bu1 the questions 20 be decided bv
the governor are simple and we hone
for victory"
for the first time since his return
10 the United States after his sudden
deportation from Canada. Thaw was
openly cheered yesterday. Arriving
early from Colebrook. near where he
vas arrested last week, enthusiastic
ana sympathetic crowds greeted him
al the station and when he descend.
ed 10 Main street. after his cour,
victory and was taken to his hotel for
dinner, he was cheered as he PASSED
throughout the afternoon motor cars
blocked the streets outside his quar.
ters, and hundreds Of pedestrians
crowded the sidewalks.
During the early part OF the court
proceedings Thaw avoided the ewes
OF Jerome. but when he saw that his
OLD enemy was not pressing the at
tack that he had outlined. that the
writ had not been obtained in good
iaith but as a means of DELAY. he
raised his eyes to the face of Jerome.
and when the latter failed to put in
evidence an affidavit OF a newspaper
writer to support the contention that
the Thaw lawyers were merely spar.
ring for time. the fugitive laughed out
right The only lawyer remaining
with him last night was ex-Gov. vii
liam a. Stone Of Pennsylvania. act.
ing as personal representative of the
Thaw family.