The Miller press. [volume] (Miller, S.D.) 190?-current, 1913-09-18
THAW CASE MAY GO
TO SUPREME COURT
COUNSEL GOES TO CONCORD TO
SEE GOVERNOR CONCERN
ING EXTRACTION.
IF DECISION IS ADVERSE
Writ of Habeas Corpus Will Then Be
Sought-Rumors of kidnap-
ing Continue
Rife.

Colebrook, N. H., Sept. 15.-If nee.
essary, the Thaw case will be carried
to the supreme court on a writ of ha-
beas corpus. This vas the decision
made by the newly retained counsel
of the fugitive, now in Jail here. 1t
is practically certain that the pro-
tracted court battle denied Thaw in
Canada will be fought out in this
state.
Thaw's counsel hope to have a per-
sonal hearing before Governor Pelker
on the matter of extradition. Three
of his attorneys, N. E. Martin, Con-
cord; Willard II. Olmstead, New
York, and Merrill Shurtleff, Colebrook,
have hurried to the capital.
Requisitlon Warrant Coming.
Sheriff Hornbeck of Duchess coun
ty, New York. wherein is located the
Matteawan asylum from which Thaw
escaped, is on his way here with the
requisition warrant signed by Acting
Governor Glynn. AS the document
first must be laid before Governor
Felker, the New York lawyers were
chagrined at the sheriff's mistake in
heading for Colebrook. Upon his ar
rival he or some other representative
of the states interests will be turned
back to Concord.
Wednesday, according to Thaw's
lawyers, they expect to have their
hearing before Governor Felker. They
estimate that three days will elapse
before he can render a decision. II
this is averse they will apply at once
for a writ of habeas corpus. Argu.
ment on this likely would be post.
poned for another week. This would
mean days of waiting unless Jerome
could engineer some coup. He has in
mind now a plan instantly to seize the
fugitive in case his deportation is or
dered, thus blocking efficiency of the
habeas corpus writ by concealing from
the Thaw counsel the identity of the
individual to whom Thaw would be
given in charge. The writ would have
to be directed against the prisoners
custodian at the time and if Jerome
could work quickly enough and with
sufficient secrecy his plan might be
successful.
May Be Taken to Capital.
In view of the intention Of fighting
the case out at Concord, it is prob.
able that his hearing here will be
postponed and that he will be taken
to the capital, preparatory to the ar
guments for and against surrendering
him to New York.
The chief argument of his lawyers
will be that New York seeks his ex-
tradition OF a charge of conspiracy-a
charge which they contend New York
purposes to try him on. They
will contend that extradition in such
circumstances is a subterfuge and
that there are ~precedents to sustain
them in this.
The citizen of Coaticook, Que, who
was denounced by Jerome as the lead
er Of the ~anti-Jerome movement which
resulted in his arrest On a charge of
gambling, remained in Colebrook, in
spite of the i'll feeling his presence
has e~ngendered. He whisked around
in a motor car a good part of the day
and this fact prevented Thaw from
being taken for an airing.
Reports of a Plot.
The sheriff had agreed to accom-
pany the prisoner on a ride and Thaw
and his lawyers were about to climb
into the machine when the report
spread that two cars bearing Cana
dams were stationed a half-mile out
of town toward the Canadian from
tier.
Thaw himself, 1t is understood, has
refused two offers to aid him in an
other break for liberty. Apparently
he got more than enough liberty Of
that kind in his wild ride on Wednes.
day and he places his hope in the
courts. 1t was reported that he was
again trying to dominate his lawyers.
This they denied. Former Governor
William A. Stone of Pennsylvania
came personally to represent the
Thaw family and with his coming the
lawyers here, unused to Harry's ways
and moods, seemed to breathe easier.