South Bend news-times. (South Bend, Ind.) 1913-1938, 1913-09-05
Court Holds He is No Tourist
and Lawyers Are Denied a
Writ of Prohibition by Judge
Hutchinson.
AUTOS WERE READY
FOR RUSH TO LINE
Court of Inquiry Questions
Prisoner as to Sanity-WiII
Recall Him at the Morning
Session.

COATICOOK, Que, Sept 5.-Harry
K Thaw was not "railroaded" across
the border by immigration authorities
Thursday as his counsel had predicted.
A special board Of inquiry sat on his
case from one o'clock in the afternoon
until late Thursday and then ad-
Journed until half past o'clock Fri
day morning when the prisoner will
be recalled.
Thaw was on the stand most Of the
day and made a good witness. To-
ward the close of the session in the
afternoon his inquisitOrs gradually
worked into the question Of his sanity
and though his counsel vigorously OBJ
1ected IL was Of no avail and this line
Of questioning viii be taken up Fri
day.
Though staving off deportation for
the day. Thaw lost in two particulars.
His lawyers were denied a write of
prohibition by Superior Judge Hutch
inson at SherbroOke. the same judge
+, who sustained the writ Of habeas
corpus which cast Thaw out Of the
SherbrOOke Jail Wednesday and he
failed To establish before the board
the contention that he had entered
Canada as a tourist, and like "Jack"
johnson, should be allowed to con-
.
produce no through ticket to any
point outside Canada.
There was in his possession ticket
10 Detroit bot unfortunately for
Thaw, il had been purchased at
Coaticook. Unable to show that he
had come into the Dominion at any
recognized port of entry, Thaw was
practically convicted OF entering by
stealth and on this charge alone he
can be depOrted.
Could Make an appeal.
But on this charge he could appeal
10 the minister Of the interior while
no appeal would lie should he be
found insane at the present time or to
have been in an insane asylum within
five years. If found of unsound mind
now il is within the discretion OF the
board 10 depOrt Thaw direct TO the
New York state line. possibly to
Rousas Point This would mean swift
and certain return 10 Matteawan
Conviction on either of the other
charges would mean deportation to
Vermont
William Travers Jerome spent an
impatient day waiting for something
TO happen. As chief Of the New York
forces he hoped TO have Thaw across
the border Thursday night.
His automobile stood all day near
the Grand Trunk railway station in
the second story of which Thaw is held
and all day Jerome strobe UP and
down the station platform. Twenty
other autOm obiles were ready for the
dash to the line. nine miles away.
Rescnts the Questions.
Thaw resented keenly the questions
as 10 his sanity. If this were TO be
taken up. he contended. ne should be
allowed to have alienists present
Two physicians for the Immigration
authorities. Dr. Gurd and Beau
champ were present.
When asked point-blank II he was
sane or insane when he killed Stan
fard White. Thaw quoted with re-
markable show Of memory, from the
conflicting opinions of the many alien
lists identified with his case and
laconically suggested that the board
take its choice He bridled when
asked about his mothers condition
Just prior to bis birth and said that
perhaps she was better qualified 10
answer
The Thaw lawyers despairing of
defeating deportation. have at last be-
gun 20 make plans OF resisting extra
dition in Vermont. Counsel have been
retained there. il is understood and
uoioss Thaw is sent or kidnapped" 10
the New York state line the lawyers
hope 10 tight on in the states.
r. r.. p. McInnes OF Ottawa, one Of
the Fathers OF the Immigration law,
Joined the group OF Thaw lawyers
Thursday. From now on he will seek
10 find a loophole in the statute he
helped 20 create. The belief was gen
eral Thursday night that Thaw would
be deported Friday.
L. r. MarechaL counsel for the i'm
migration board. insisted that there
would be no strong arm" work and
that Thaw would be escorted to the
border in a dignided manner.
Besides Thaw. the witnesses Thurs
day were Henry Johnston. a farmer
who drove Thaw across the border;
Octave Nadeau. a farmer who drove
him 10 the inn OF Ben Cadieux az Bar
ford. where Thaw was arrested and
the inn-keeper himself. Their testi-
mony was adduced 10 support the
"entering by stealth" charge.