Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-09-16
Gets Continuance of Habeas
Corpus Hearing in U. S.
District Court.
SOUGHT AS PROTECTION
AGAINST EXTRACTION
Assured He Will Not Be Rushed Over
Line Should Governor Sign
Papers.

LTTLETON. N. H. September 1s-
Harry Kendall Thaw. fugitive from
Matteawan. won Q victory In the
United States district court here today
when Judge Aldrich Indefinitely sus-
pended q hearing on a writ OF habeas
corpus obtained by the Thaw lawyers
This means that Thaw will have q fed
eral writ to check his immediate re-
turn to New York state in the event
Gov. Felker orders his extradition after
the hearing to be held at Concord.
William Travers Jerome, specially
deputfzed to bring about Thaw's re-
turn to the asylum. tried to block the
postponeuent on the ground that the
writ had been obtained as a matter Of
expediency. He produced an amdavit
Of a newspaper man quoting Thaw's
counsel as saying this. but he was un-
willing to press the matter after coun-
sci for Thaw assured the court that
the applica ton for the writ had been
entirely regular.
What do you propose to do. then?"
insisted the Judge.
Jerome hesitated.
THE immediate question:, continued
the court, us whether the proceedings
shall go on or be suspended. 1t Is the
Judgment Of the court that a suspension
would not menace the interests of either
governor hesitates to proceed with the
extradition hearing until the status of
this matter IL assured, l suspend 1t. II
is not adjourned, but suspended and /
suggest that either side notify me within
six days when they are prepared to go
on with 1t.
After announcing the suspension of the
hearing Judge Aldrich sad that search
st I'D 90 m
him any law under which a man in
Tha IS position. a lunatic charged with
a crime, could be extradited.
Thaw sat with his eyes riveted on the
court His lawyers were grinning. He
was remanded back to the Joint custody
rested him after his recent deportation
from Canada, and United States Marshal
Mute
Counsel for both Sides after talking
with the governor by telephone. agreed
that the extradition hearing would not be
held until Tuesday, September q. The
lawyers then went into conference to de-
eide where to hold the fugitive mean
while
Crowds packing Main street In front Of
the court building cheered Thaw as he
was driven to a hotel for dinner.
Thaw Enjoys Trip.
Thaw, in the joint custody Of United
States Marshal Mute and the sheriff Of
Coos county. arrived here today shortly
before o'clock for arraignment before
Judge Aldrich on the writ Of habeas cor
pus Thaw remained in the smoking
car during the trip from Colebrook.
Crowds greeted him at every station. Sit
point to lean out and talk with the
idlers.
A two-horse carriage conveyed Thaw
and his guards and lawyers to the court
building. The marshals quarters were
just Off the judges chamber Thaw was
shut of from interviewers and seemed
glad to rest after his journey. Per ABS
800 persons, including a musical comedy
company, in town for the night. swarm
ed around him at the railroad station.
Mr.. Jerome went to a hotel for con-
ference with counsel.
The little courtroom began to I'LL up
shortly after 10 o'clock. The general
public was not admitted but perhaps 100
ants and the like, managed to gain ad-
mittance. Outside the building a crowd
in which women predominated jammei
the street from curb to curb. They did
not get a glimpse OF Thaw. for his quar-
tiers were In the rear OF the Duildine.
Eager to See Thaw.
Jerome came in a few minutes before
II and then the Thaw lawyers. Moses H.
Grossman and L. ]. vorhaus OF New
York city. ex-Gov. Stone OF Pennsyl-
vania and Merrill Shurtleff of Colebrook
Necks were craned and the women
leaned forward tensely when Thaw took
his seat at the counsel table, At his
right sat Sheriff Drew. at his left, Mr.
Vorhaus. his ext addition expert"
The fugitive closed his eyes, rested his
cheek on his hand and did not give the
spectators a glance. A girl with blue
eyes, cheeks flushed. stood on tiptoe for
five minutes gazing raptly at the back
Of his head.
Jerome sat almost opposite the priso-
oner. Judge Aldrich, in robes, took his
seat at HOS.
Mr.. Shurtlen. for Thaw, pointing out
that the exrradition hearing in the Thaw
case was to be held In the near future,
probably tomorrow, asked that the habeas
corpus hearing be postponed. Jerome
objected. There is no federal issue in
volved here" he said. Il feel constrain-
ed to say that this writ has been OBJ
tanned under circumstances which ap-
proach very near trifing with the court -
Delay Sought, Says Jerome.
Here he introduced an affidavit by Lind