The Birmingham age-herald., 1913-09-01
Declare Should Such Be the
Case There is Recourse
to Appeal
THAW SPENDS SUNDAY
QUIETLY IN HIS CELL
Prisoner Highly Incensed at B0udreau
for Asking for Writ-TwO Courses
Open Should Courts Bat Go
Against New York Tuesday

sherbrooke Que, August g.--Harry K.
Thaw's lawyers, swept off their feet yes
terday by the sudden move of William
Travers Jerome in obtaining a writ OF
habeas corpus requiring Thaw's produc-
tion in the superior court here Tuesday,
spent the day in conferences and tonight
gave renewed expression to their belief
that the writ would not be sustained.
Always Recourse to Appeal
IF 1t is sustained said W. X. Nc
Keown Of the Thaw forces. there is al
ways recourse to appeal and I am in
clined to think that appeal to the court
of reviews or to the court of appeals
would act as a stay and hold our client
in jail safe from deportation. In the face
of such circumstances 1 do not see how
New York state can make any move
until the Kings bench convenes in Oc-
tober.'
Thaw spent the day In his cell writing
letters and debating to his stenographer.
AS was the case last Sunday there was
no religious service in the prison Sew
eral women called and gave the fugitive
flowers. In fact, his cell has been
banked with them ever since his confine-
ment.
w. H. Shurtleff of Coaticool, the first
attorney who was retained. for Thaw
after his arrest, said today he had heard
that John Boudreau, the Coaticook chief
of police, told a number of friends that
he had signed the petition for the writ
of habeas corpus in the Thaw case
him, so the story ran. that he was af-
fixing his signature to document which
would indemnify him should Thaw de-
| eide to sue for false arrest. He was
Thaw's captor at Coaticook and in his
petition for the writ set forth that he
| feared he might be liable for damages
Boudreau denied, however. that he had
signed the application without knowing
twhet he wes. deiNg Friends might criti-
!, else his act. ne added, but he had acted
with his eyes open. Thaws lawyers de-
Boudreau into asking for discontinuance
of the writ.
I'VE presume that ne knew what he
was doing, said McEeown, Though we
have no doubt that he was frightened to
some extent by reported suggestions
that he might have big damage suit on
his hands unless he tried to get Thaw
out Of jail"
Mr.. Jerome and his assistant. Deputy
Attorney General Franklin Kennedy,
Saturday night for Quebec. There were
reports that they had decided to go on
to Ottawa to see Dominion officials, but
this could not be confirmed here.
Two Courses Open
should Tuesdays court battle go
against New York in its fight to return
Thaw to Matteawan, two possible lines
of action will be open, one. to have the
commitment on which Thaw Is held.
nolle pressed by the Minister of Justice.
the other to renew efforts looking to its
withdrawal by Alexius Dupuis, the Coat
icook Justice OF the peace who drew it
up. Dupuis has remained obdurate so
far, although he says the immigration
authorities, who are as anxious as are
those from New York to get hold of the
prisoner, have been pressing him hard.
Emissaries from the Thaw family have
likewise visited the justice and he and
his wife are standing by their guns.
Thaw Ii highly incensed at Boudreau
for asking for the habeas corpus he
never had any intention of suing any
body. 1t became known tonight that he
had made affidavit to this effect before
q notary Yesterday, signing document
relea sing the chief of police from any Liar
bility. At the same time he signed an
other paper repudiating any interest in
the proceedings. As habeas corpus
writ is supposed to be sin BEHALF of a
prisoner, these Thaw documents will be
used In contesting Boudreaus right to
ask for a writ.
After explaining what action Thaw had
taken. Mr.. McKeown issued this formal
statement:
We do not believe Roudreau has fSsy
right to make application for a writ Of
habeas corpus for Harry X Thaw. but
should Judge Hutchinson hold. that he is
an Interested party we will produce the
document In which Thaw declares that
he DOESN'T intend to sue Boudreau.
That in our opinion. should nullify any
claim Boudreau may mako as to his in
terest In the matter"