Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-08-27
NEW YORK STATE
RULED OUT IN
THAW HEARING
Canadian Jurist Holds Com
monwealth Has No Stand
ing in Court.
ACTION SUSTAINS
FUGITIVE'S CONTENTION
Adjournment Is Taken Follow
ing Announcement Made by
Judge Globensky.

York State was ruled out OF court
here today in a dramatic preliminary
skirmish with lawyers for Harry X
Thaw, the Matteawan fugitive, Tight
ing deportation.
Superior Judge GlobenslIy, hearing
arguments of Thaw's counsel on
motion to discontinue a whit of ha-
beas corpus, absolutely refused TO en-
tertain the objections of Hector Yer
ref representing New York This
was greeted with a wild outburst OF
cheering by a thousand Canadian
spectators Thaw, rising, bowed IN
acknowledgment "Hooray Tor the
British flag; hooray for harry
Thawi'' shrieked men ana women
standing on chairs waving handker
chiefs, parasols and hats.
Thaw bowed three times, like
stage star taking curtain call be
fore a sympathetic audience, his
checks were flushed, his big brown
ewes shone, but he maintained his
composure. Men and women strug-
Cling forward over chairs ana
benches
Would Not Listen to Verret.
Hector Verret. of counsel for New
York State, interrupted the proceed .
ings to say that New York desired to
resist the abandonment of the writ
II do not wish to hear from your side
of the case" said the court, This is
an ex-parte proceeding.
AS this practically sustained
Thaw's lawyers, the crowd in the
courtroom rose to its feet cheering
madly. While the cheering was at its
height the clerk cried out that the
case was adjourned until O'Clock
this afternoon.
When the New Workers. and the
Canadian lawyers got back their
breath they assembled in their ho-
tel. Mr.. Jerome called reporters
aside and dictated this statement:
1--WE, who represent here the State
Of New York, are entirely unwilling
to comment on the scene that oc-
Cured in one of his majesty's courts
today The relations between the
bar OF the United States and the
courts of the Dominion of Canada are
most friendly and cordial, and we re-
alize keenly the sense of humiliation
experienced by our brethren in Cam
ada who are assisting is. Mr.. Ja-
cobs, who is associated with us, is
present and we would prefer not to
say anything with reference to the
occurrence of the morning"
Mr.. Jerome turned toward Mr.. Ja-
eobs and the latter said: There Is
nothing can say. will say. though.
that this is the first instance to ny
knowledge where such an outbur.st in
any of our courts was not followed
by the immediate clearing Of the
court"
!. There was long delay this morn
og, waiting for Judge GlobenSky 70
nter the courtroom
Thaw's face was flushed as he lind
his counsel lounged about the tables,
growing impatient for the judges ap-
pearance. A newspaper photographer
raped for order and when the crowd
looked up took a picture.
Thaw appeared to enjoy the after
ton he was attracting and laughed
outright at the antics OF the photo
graphers. Now and then he adjusted
his gray-striped necktie.
The Judge entered at 1920. Every
body rose as he took his seat. mo.
967 ex parte case of Harry K. ThaW,"
read the clerk.
Court Looks Over Papers.
The court took papers In the case
and began perusing them. w. l..
Shurtleff for Thaw, then addressed
the court your lordship,' he said,
"since this petitioner obtained a writ
of habeas corpus he has filed notice
Of discontinuance, thereby declaring
that no other proceedings be had in
this course This action, / believe, is
covered under our code of CIVIL pro-
cedure."
Here the lawyer referred to clauses
in the code bearing on the case.
"Therefore. he continued, I'VE stand
In the position of having made no
application for writ"
John f.. Mack, of Poughkeepsie, N.
" who left here last week after
doing missionary work for New York
in the Thaw case at Ottawa, came
back again early today, and was In
the court room prepared for any
contingency. Mack brought with him
Sheriff Drew, of Berlin, H., and
Sheriff Richard Beattie and Deputy
r. Brown, of Maidstone. VT
.If they nut Harry Thaw across
the border we want to be ready to
seize him in either state" said Mack.
Mr.. McKeown and j. N. Green
shields. Thaw's chief counsel,
reached the court house shortly after
o o'clock and went into conference
with the Judge. Crowds began to col
lect in the court room waiting for
developments. 1t was apparent that
the first skirmish would be over the
habeas corpus writ issue
Hurrying from his chambers the
nudge instructed the sheriff that while
he was undecided whether to sustain
the withdrawal of the writ, Thaw
should be brought into court during
arguments on the question. Nearly
all of the lawyers for both sides were
in court when this announcement was
made. The news spread swiftly and
the crowd began to grab seats and
standing room.
jerome In Courtroom.
Jerome came into court at 80 and
took a seat In the front row directly
in front of the judges bench. He
had to convince an attendant of his
connection with the case before the
latter would give him chair. A touch
of color was added to the scene by
the presence of four Dominion federal
police wearing spiked helmets. Mr..
Conger stood talking to Jerome.
Three hundred persons were standing
up back of the seating area
Thaw came into court at 10 O'Clock.
He was calm and wore new gray
suit. He sat with his back to the
spectators and began talking easily
with his lawyers.
Thaw was brought to court in cab
in custody of the high constable and
Governor La Force. Of the jail. He
was not handcuffed His hair was
Brushed neatly and otherwise he
showed evidences of having made
more careful toilet than has been his
custom of late In the jail.
A battery of camera men scaled the
judges bench and snapped the pris-
oner again and again. The old sheriff,
Aylmer, greeted Thaw cordially.
beamed at him, and then began talk
ing.