The daily banner. (Cambridge, Md.) 1897-2008, 1913-08-22
WINS POINT
IN LEGAL BATTLE
Succeeds in Having Case Put
Over Until Wednesday.
ARE FIGHTING FOR DELAY

Opposition Hoped Thaw Would Be
Discharged on Present Charge and
Allowed to Fall Into Their Hands.
sherbrooke, Que, Aug. 24-H took
nine attorneys to get six days delay
in legal procedure against Harry K.
Thaw, but they got it.
Result: There is not the ehost of a
chance that Sherbrooke's pri4oner can
be deported or extradited inEanything
short of a week-more probably never.
Everything indicates that Canadian
sympathy is with Thaw andsis going
to do all that it can in it's pSychologi-
cal way to- keep Harry Thaw away
from Matteawan.
The habeas corpus hearing to secure
Thaw's release will be heard next
Wednesday.
New York state representatives and
Dominion immigration officert protest
ed at the delay. but Superior Court
Judge Globensky announced 4hat as a
circuit judge he would not refnrn from
Montreal until next week. y
AS soon as Judge Globedsky had
agreed with Thaw's lawyers in his
chamber at the court houseEthat the
habeas corpus writ would be served
Immediately and made returnable on
Wednesday of next week, group OF
the prisoners lawyers jumped into an
automobile and were at the Sher-
brooke Jail in two minutes.
They served the paper on Eovernor
Laforce, of the Jail, and then depart
ed, chuckling that they had Wpn delay.
No sooner were they out of sight that
Sheriff Hornbeck. of Dutchess county,
New York, with a body guard of men.
were waiting at the Jail entTAnce; an
automobile was nearby.
Everybody but the New York Off
GERS had overlooked the factsthat the
writ, while made returnable fWednes-
day by agreement with Judge Glo-
bensky, ordered Governor L&force to
produce him Immediately at The court
house.
Laforce knew nothing about the
Wednesday agreement. He Fad been
waiting for the chance of conducting
Thaw to court. Forthwith h4 slipped
on his coat and hat and mounted the
stairs to get Thaw. Just q he was
about to open the iron gait . tele-
phone bell rang downstairs Isaforce
was in two minds what to 1naiiy
he decided to answer the bej S zI1s,
Judge Globensky. wfaos asds
his error just before his train Tor Mon
treal pulled into the Sherbrooke sta
ton.
'Laforce?" said the judge. "Yes.
sir" "Thaw writ Is for Wednesday.
Goodby."
Sheriff Hornbeck and his compan-
ions, Of course, denied that there had
been any design on their part to take
advantage of an almost clear road
and carry Thaw across the border by
force.
The opposition hoped that Thaw
would be produced, discharged on the
present defective commitment and
thus allowed to fall into their hands
for deportation at point on the bon
der as yet undecided.
Thaw's lawyers, however. believing
in the advantage of delay, declined to
serve their writ on the jailer, and
Thaw remained in his hospital ward
cell chatting with his brother-in-law
and sister, Mr.. and Mrs. George Laud-
er Carnegie.
Superior Judge Globensky was then
sought by the immigration officials
and the officers from New York to in
sist on the service of the writ, osten-
sibly returnable forthwith, but the
court held that Thaw's lawyers were
within their rights.
The case has reached a stage where
the usual relations of the parties to a
criminal action are absolutely re-
versed. On the one hand, the lawyers
for the prisoner were found fighting to
prolong his Imprisonment, while the
local, Dominion and United
States, were anxious to have him set
free, safe in the belief that the immi-
grafton officials would seize him and
force him across the border.