Evening journal., 1913-08-30
THAW
BEFORE COURT
! ON TUESDAY
Police Chief Who Arrested
Fugitive Has HabeaS Corpus
Writ Issued
THAW LAWYERS HURRY
BACK TO OPPOSE TURN
BY The United Press.

py Inc united bfeHa.
SHERBROoKE. Que. Aug. Son
application Of Chief Of Police Boud-
reau, writ for the production OF
Harry X. Thaw in court next Tues
day, to show cause why he should not
be Immediately discharged from
custody was issued by Judge Hutchiu-
son today. The decision OF the court
to give Thaw lawyers a chance to-
combat the writ came as a surprise
to the attorneys representing the New,
York state officials, and the immigra-4
iton chiefs. They had expected thai
court to act forthwith and to imme-l
diately discharge Thaw from custody.
They had a high powered automo-l
bile in waiting Ia which they hadl
planned to rush Thaw. the Instant
that he was turned loose, TO Coaticook.
where a summary immigration courta
OF inquiry was to have been establish
cd Thaw was then to have been givent
a hearing al once Under the law this
would have to have been private withS
only the officers, the prisoner and thes
lawyers present
The immigration people had hoped
order directing the immediate depor-
tatlon of the prisoner and to hava{
Immediately rushed him across tha
line at Norton's Mills without giving
his lawyers any opportunity to Ale
notice Of appeal.
With the courts closed Saturday az
ternoon and the Dominion Offices az
Ottawa also shut the plan was 10 get
Ihaw across the international bound
airy line today. thus checkmating hia
expensive battery Of Canadian law
yers.
But the court declined 10 be any
party TO the plan which was fafhered
ny William Travers Jerome.
The application for the writ of
haoeas corpus was perfectly regular
and accordingly II was issued. Bnt
the court declined 10 order a forth
with return and the Thaw LAWYERS
now have until next Tuesday to per-
feet their plan or defense. II n nm
derstood that they have already fore
seen that this writ might issue aud
have plan All ready to put up 10
the court whom the time for the
argument arrives. Boudreau 10
whose application the writ was IL
sued, Is The head of The police de-
pertinent AZ Coaticook and is the
man who arrested Thaw.
j. n Greenshields. chief counsel for
lhaw, who went TO his home in Mon
treal last night. was reached BY tele-
phone this morning and Immediately
started for Sherhrooke on special
train. White and Fraser intended to
ask the court TO defer any action con
10 Iaf foI Il
lO.45 o'clock the attorneys were still in
conference and no motion for the writ
had been made.
Thaw was not in court today. This
being an ex-parte proceedings the
court took action in chambers. The
attorneys for Thaw we're insistent to-
day that the move by the American
officials viii fail They insist that
after a man has been committed to
jail for trial no person other than
himself can secure his freedom on a
writ OF habeas corpus.
Jerome. however. insisted that he
had won the first victory for the New
York authorities. He said he had
little doubt when the merits Of the
case we're placed before Judge Huch- X
inson that he would Immediately de-
eide that the warrant of commitment
was Illegal and would order Thaw
released
The action of Chief OF Police Boud-,
reau is severely criticized by the
Thaw lawyers. They say that he has
played into the hands of the New
York officials. because he has been
promised the reward OF $500 offered
by the Matteawan ATTORNEYS for tha
capture and return OF Thaw.