Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-08-21

ShEhbhOOhE, Aug. Zl.-Harry NJ
Thaw, Matteawan fugitive. will be arr
raigned in the Superior Court here on q
writ of habeas corpus at 10 o'clock ON
Wednesday morning mex. His counsel
agreed to this this afternoon.
SHERBROOKE, Quebec, Aug 81.
After an all night conference coun-
sci for Harry X. Thaw announced
this morning that they would not
produce the Matteawan fugitive in
the Superior Court today on writ
of habeas corpus obtained yesterday.
They explained that the writ is re-
turnable at any time, and that all
though 10 a. m. today had been ten
atively agreed upon yesterday, they
had decided to delay proceedings
! pending further conferences. Acc
cording to present plans they VIII use
the writ tomorrow morning.
| This marking of time by the de-
| fense was due mainly to the arrival
last night of Mr.. and Mrs George
Lauder Carnegie, brother-in-law and
sister of the prisoner, who are anx-
| ious that no court step be taken until
| every bulwark of defense has been
| strengthened.
]. D. Greenshields. of Montreal.
| an eleventh hour addition to the
| Thaw lawyers, pointed out that the
writ was returnable lat the pleasure
of counsel for Thaw, and that 1t
would. be best to go over his case
more thoroughly before coming into
| court
Today the case had reached "A
stage where the usual relations of
| the parties to criminal action are
absolutely reversed. On the one
hand the lawyers for the prisoner
were found fighting hard to prolone
his Imprisonment, while the authori-
ties. local. Dominion and United
! States were anxious to have him
| set Free safe in the belief that the
immigration officials would seize. him
! and force him across the frontier.
f Tnises officials by Surprise.
| The move came as a surprise to the
| immigration officials and to District
Attorney Conger and Sheriff Horn
beck. of Dutchess county. New York.
They had expected that Thaw would
be arraigned before noon today. re-
leased on the present commitment.
| then held as an undesirable alien
| and quickly deported.
AS matters stood this forenoon IN
dicatons were that this program had
! simply been put off day. Wild
| Thaw once in the hands of the irnmi-
| grafton authorities opinion varied as
| to what course would be followed.
| One version had it that he would
! be returned to Coaucook, Where no
/ was arrested on Tuesday and from
| there deported. If it were proved that
! he were an undesirable alien, to the
nearest border point in Vermont or
| New Hampshire.
May Demand Right to Go TO Detroit.
Another theory advanced was that
counsel for Thaw would attempt 70
| show that he had a through ticket
| To Detroit and would demand that he
he taken there and released. A third
conjecture was that the whole pro-
| ceedings would be transferred 10
Montreal where the case would be
threshed out before special board
of inuury.
Neither Thaws LAWYERS nor the
immigration officials nor officers from
the State of New York seemed 10
know this morning Just what the out
come would be. Messrs. Conger ana
Hornbeck hoped that some arrange
ments could be made whereby Thaw
would be taken to the New fork
! State line. on this point the I'M
migration officers were non-commlt-
| tai.
Feverish and worried. Thaw dressed
before sun up today and received MI.
and Mrs Carnegie as his first
visitors. Though apparently cheered
bv their arrival. their presence
seemed to make him more close
mouthed than ever regarding my
escane
Thaw's fellow prisoner, who de-
| scribes himself as Mitchell Thomps
son. but who has been identined ny
! Conger and Hornbeck as Roger
Thompson, driver of the black racing
car which whisked Thaw away from
! the ASYLUM remained silent in his cell
| TODAY
Charged with violating Canadian
Immigration laws in assisting :,
lunatic across the border Thompson
was unable to furnish the $500 bail
required and must stay in his cell
until Friday, when he will have
hearing.
Oversight In Commitment.
Owing 10 the errors in the papers
committing Thaw to Jail he is safs
there for an indefinite period, as ne
date for the hearing of his case was
mentioned in them. While in Jan
| Thaw is also safe from the immi4
pration department, which has no
power over him.
BY allowing rhaw to remain 70
custody the defense has offset the
immigration authorities who had
been waiting with confident expect4-
ton for Thaw's release from jau
when they would have pounced upon
him. and it is firmly believed, ordered
his deportation at once.
Thaw is, of course, fighting against
being deported to the New York state
line. as such move would entail his
Immediate reincarceration in Mattea-
| wan.
No Importance Attached to Ticket.
Little Importance is attached By
the immigration department to the
fact that Thaw has through ticket
to Detroit, which fact. it has been
claimed by the defense. would en-
able him to proceed on his way out
of Canada. The fact that Thaw Is 4
lunatic in the eyes of the country
from which he came makes his en-
trance into the Dominion Illegal. ana
gives the immigration authorities
once they get hold OF him. power %
detain him or Immediately ship hara
back whence he came.
w l.. Shurtieif. X c. one OF Th&ws