Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-08-21
Counsel Delay His Appearance
on Habeas Corpus Writ,
Until Tomorrow.
AUTHORITIES OF CANADA
AND u. S. ARE BALKEO
Prisoner FeveriIh and Worried This
Morning-Sister Says "He Is
Looking Fine

Harry, X. TAaw, Matteawan fugitive,
Will be arraigned In the superior court
here on . writ Of Aabeas corpus Mt 10
O'Clock Wednesday morning next. His
counsel agreed to this this afternoon.
SHERBROOKE, Quebec. August 21.-
Lawyers for Harry X. Thaw. fencing
for position in his fight to resist de-
portation to the United States after his
flight from Matteawan, won an advan-
tage in Sherbroo1e today by delaying
his appearance In the superior court
on writ of habeas corpus. Dominion
immigration officials and with them the
district attorney and sheriff of Dutch
ess county, New York. had hoped that
Thaw would be produced at 10 am,
discharged on the present defective
commitment and thus allowed to fall
into their hands for deportation at
point on the border as yet undecided.
Thaws lawyers, however. believing
in the advantage of delay, declined to
serve their writ on the ailer, or as
locally known. 'the governor of the
hospital ward cell chatting with his
brother-in-law and sister, Mr.. and Mrs.
George Lauder Carnegie.
Court Rules Lawyers Right.
Superior Judge Blobensky was sought
by the immigration officials and the
officers from New York to insist on
the service of the writ, ostensibly re-
turnable forthwith. but the court held
that Thaw's lawyers were within their
rights.
Formal demand for the surrender of
Harry X. Thaw was made by telegraph
upon the Canadian immigration authori-
ties at Ottawa & today by BY acting saas Gov; Gov;
replied that it would take no action TIL
the present extradition proceedings should
be concluded.
Mr.. Glynn's telegram requested that
Thaw be turned over to District At
brooke representing the state of New
York.
The immigration department is pre-
rsaa for lsssl y Tnaw fss e OF
Sartlneut bsifstss he win be, unsuc-
It is the present intention of the de-
rartment to return Thaw 70 the United
lire nearest Sherbrooke. This is In
New Hampshire. But Acting Gov.
Glynn was advised over the telephone
by the immigration authorities at OF
use every effort In their power to as
eist In having Harry X. Thaw returned
TO New York state.
The department let it be known that
deuort him should his extradition to the
United States be refused by the Domin-
Ion courts.
There were no court proceedings dur
ing the forenoon. although townspeople
TANNED the courtroom. Thaw's battery
Of lawyers. victorious SO far In the
strange procedure of keeping their client
In iail, agreed to announce this after
noon what disposition they purposed to
make Of their idlnr Idle wit The tney @nera sral
t'on authorities and District Attorney
Corger of Dutchess county planned to
have the writ declared void and insist
on Thaw's arraignment at once, either
i,e-e or at Coaticook, near where he was
n-~ested.
Usual Relations Just Reversed.
Today the case had reached stage
where The usual relations of the parties
70 a criminal action are absolutely re-
versed On the one hand. the lawyers
fo- the prisoner were found fighting hard
to prolong his imprisonment. wnile the
authorities. local. dominion and United
States. We're anxious to have him set
free, safe In the belief that the immigra-
fion officials would seize him and force
him across the frontier
Mr.. and Mrs. Carnegie spent nearly an
hour with Thavs, before noon. He Is
looking fine said the former Margaret
Thaw as she left the jail
DR.. Brittou ID. Evans. director of the
New Jersey state hospital at Morris
Plains, who arrived with the Carnegies
last night. also conferred with Thaw.
The announcement this morning by
counsel for Thaw that they would not
produce the Matteawan fugitive In the
<rdo -
habeas corpus obtained yesterday was
made after an all-night conference
They explained that the writ is return
able at any time. and that although 10
upon yesterday, they had decided to de-
lay proceedings pending further confer
ences. According to present plans they
will use the writ tomorrow morning.
This marking of time by the defense
was due mainly to the arrival last night
of MI and Mrs. George Lauder Carnegie,
brother-in-law and sister Of the prisoner,
who are anxious that no court step be
taken until every ;,ebsd Du1~ark Of defense
shields Of Montreal. an eieventh-hour ad-
dition TO the Thaw lawyers. pointed out
that the writ was returnable at the pleas
would be best TO go over his case more
thoroughly before coming into court.
Immigration ofhcials Surprised.
The move came as surprise to the
immigration officials and to District At
torney Conger and Sheriff Hornbeck of
Dutchess county, n. Y. They had ex-
pecfed that Thaw would be arraigned be.
fore noon today, released on the present
commitment. then held as an undes ra Bile
alien and quickly deported. AS matters
stood this forenoon indications were that
this program had simply been put Off a
day With Thaw once In the hands of
the immigration authorities, opinion
varied as to what course would be fol-
lowed.
one version had it that he would he
returned to Coaticook. where he was ar
rested Tuesday and from there deported
IL Il were proved that he was an undesir-
able alien, to the nearest border point In
Vermont or New Hampshire. Another
theory advanced was that counsel for
Thaw would attempt to show that he
had through ticket to Detroit and would
demand that he be taken there and re-.
leased third conjecture was at the
whole proceedings would be transferred
to Mon,rea., where the case would be
threshcd out before a special board OF
inquiry.
Neither Tilaw's lawyers nor the immi
grafton officials nor officers from Tho
state OF New York seemed to know thi.
morning just what the outcome woult
be Messrs Conger and Hornbeck hopet
that some arrangements could be mad.
Continued on Second Page.)