New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-03-07
STONES ADVICE HA[1S
THAW FREEDOM FIGHT
LAWYER Fears SuIzer Graft
Hunt Imperi|s Clients
Contest for Liberty.
WITHDRAWS HABEAS WRIT
Whites Slayer Brought from
Matteawan, but Hustled Back
After Less than Two
Hour Stay in City.

onneal for liberty when the writ of habeas
| corpus which Or. Charles Kennedy. the
dnctor-lauver. obtained for him was re-
turned before Justice Giegerich. in the Su-
prome Court yesterday but he Is going to
try again when Governor suffers prison
investigating committee has finished Kick
ing I'D the dust. The next attempt, how
ever. will probably b. made upstate, II
| Thaw's attorneys take the advice given by
the justice Yesterday.
Before the court had had an Oppor-
tunity TO glance at the writ yesterday
morning Henry IIrschberg. "A young at
torney Of New York. who said hc was
| Thaw's personal counsel Jumped 20 his
feet and asked permission TO withdraw H.
This move appeared 20 take William Tray
crs Jerome appointed by Attorney Cen
/ cral carmody to represent the state, com
rlctely by surprise. but he. too. rose to
! the occasion and requested the court to
permit him to file his answer. He held
I the document in his hand at tn. time
Justice CieGerich assumed an express
sion of slight bewilderment himself. and
to rc-establish the equilibrium OF things
he asked each lawyer TO state for whom
he appeared ITirschberG said that he
had come into the case only two days
ago and had been Informed by Dr. Ken
nedy that he had been unable TO confer
with his ellen, alone. Since his side or
the case was obviously not ready for trial
| he asked permission to withdraw
Court Differs from Jerome.
loI
! habit of coming 50 continually before the
court that he would like TO have a record
made Of this occasion. The extraordinary
powers of the court having been invoked
tho matter should be prosecuted 10 the
end Nc held.
THAT would assume replied Justice
Gicgerich. that this court had Jurisdic-
ton to decide the writ. am OF the op'n-
ion after consulting authority. that IT has
no, the jurisdiction 10 do more than trans
fer the proceeding to the county where IN"
person Is confined. ! hereby serve notice
that any further uri,s granted by this
court will be made re'urnable In such
county. The proper proceeding IN TINS
case is 10 allow the withdrawal 81 the ap-
plcatlon. I, is so ordered
The crowd which had throngcd The
courtroom blocked the exit. and II was
with difficulty the attendants finally
forced a way for Thaw and his numerous
rerinuc Resides the tvo lawyers men
toned. 10 vas surrounded by former Gov
crnor William A. stone OF Pennsylvania.
general counsel for the Thaw interests
DR. ROY l. Leak. acting superintendent o'
No. al -
aren, Of Colonel scott Superintendent Of
Prisons. and keeper from the asylum.
Several friends in the crowd pressed for
ward 20 shake Thap's hand as he passed
out
Thav was hustled into 'aNlcah and
uhlrled 20 tho Grand Central Station. just
I'm time Ia catch tho ~ 10 train for Mat
tcaran. an hour and forty-hvc minutes
after he had landed in the city. He re-
fused 10 talk about tho $4,000 which he
was said 10 have handed over 10 John y.
Anhut for tho purpose Of obtaining his re-
lease. SAYING he expected to DO called be-
fore the Governors investigating commit
zee and would tell wha, he knew there.
Thaw joke on Or. Leak.
Tie prisoner GiGs however, 'hhs 0'CdoI'li
70 correct tho impression circulated by Or.
Kennedy that he had reflected on tho
mentality OF Dr. Leak The lawyer quoted
Thaw IS saving that tho acting supcrin-
tendcnt was "const!tutionally inferior ior
changing his mind with regard 20 Thaw :
sanity after trip 10 Albany. When
asked about the remark yesterday morn
ing Thaw tore a piece OF paper from his
notebook and wrote.
When Or kennedy visited me on Mon
day were unable TO consult Inc act-
ing SUPERINTENDENT was present, SO W.
talked with him. lie refused 10 tax az
first but In about a minute nc said IL
could not answer qucstlons ana e'oou
specchless all OF the time that he re-
NAMED. ,,,,.
I'm n GOOD hurnored vav Or. KENNEDY
and ! suggested that II looked as u u,
might have become disturbed or suHercd
from some nervous trouble which Wouln
indicate that he was constiiutionally in
ferior This was like a joke. ! didn I say
or 'n'''''"'e '"'' Il" II. *. TIAw.
When Or. Leak was asked whether he
would like 10 comment on the statement
he replied: II have nothing TO say At THIS
time. except that there IL nothing nut
mutual friendship between US
Thaw Will Try Again.
Speaking later in the afternoon on the
possibility Of another writ being sued out.
DR. Kennedy said that Thaw had asked
him 10 come 10 Matteawan to-day 10 talk
over the matter. but that he had decided
no, TO make another attempt to confer
with his client until he had attempted to
nersuade Colonel Scott TO repeal his newly
made rule that no one could see Thaw
. A., "a. nrcsence OF witnesses. IIe