The Birmingham age-herald., 1913-09-15
Protection of United States
Court Has Not Actually
Come to Thaw
DEFENSE WILL ASK
FOR A CONTINUANCE
Jerome Charges Thaw Attorney With
"Trifling' With Federal Courts
and Perhaps Liable for Con-
tempt-Thaw Satisfied

NoleDfOok, y Tie Septelupei III nc
protection of the United States courts had
not actually come to Harry X. Thaw to-
night Though his counsel obtained writ
OF habeas corpus yesterday from Fed
eral Judge Aldrich at Concord, the writ
was not served on Sheriff Drew today
and the Thaw lawyers said tonight that
probably it would not be served until to-
morrow afternoon. on Tuesday morning
sThaw will be taken before Judge Aldrich
at Littleton when arguments on the writ
will be heard.
Thaw Spends Quiet Sabbath
Thaw spent quiet Sunday, his fifth
away from Matteawan. He did not even
so out for a walk. He expressed a de-
sire to attend the Methodist church. but
the sheriff said that he (the sheriff. had
not been going to church much of late
and feared If ne went today 1t might es-
tablish precedent under which his wife
would compel him to attend regularly
hereafter.
He made this explanation with a smile.
and said later that his real reason for
not taking Thaw out was that Colebrook
had been upset enough already over the
fugitive, and he thought it best not to
parade him on the Sabbath.
As it was, the corridors of the Monad-
mock house. where Thaw is held. were
crowded throughout the day with country
folks who had come here in the hope OF
getting a good look at Thaw. But only
those who We're willing to pay for a meal
and see Thaw dining had their curiosity
satisfied.
The statement of Moses II. Grossman OF
the Thaw counsel that the federal writ
was obtained as an emergency measure
to checkmate New York state should
Governor Felller honor the requisition
warrant for Thaw without a full hearing
developed into an open controversy be-
tween -factions today. f.Ierplne- laat night
characterized the move as a breach OF
faith. and today he procured a number of
aifidavits from newspaper reporters set
ting forth what Grossman had said 1t
was Understood that he obtained these
for use in possible move to sustain his
contention that Grossman and his assoc
ciates had 'trifIed' with the federal
courts and were perhaps liable for con-
tempt.
Charges Absurd, Declares Gr0ssman
THAT is absurd" said Grossman. II
shall go before Judge Aldrich myself ON
Tuesday He understands thoroughly our
motives and we are prepared to meet
any allegation that we did not act in
good faith either with Mr.. jerome or
the court Any suggestion from Mr. Je-
rome that ] agreed not to get this writ
must have been made under msunder-
standing. 1t is ridiculous TO assume that
I. as a lawyer, could make any agreement
that would jeopardize the position OF my
client"
The habeas corpus argument is set for
II O'Clock Tuesday morning at Littleton.
The Thaw lawyers will ask for a contin-
uance, thus leaving the writ hanging over
the heads of their opponents, and proceed
ings will be then transferred to Concord
for the hearing before the governor.
f.. p Mute, United States marshal lor
this district, will serve notice of the writ
on Sheriff Drew and from the moment
of that service Thaw will be in the joint
custody of the United States government
and the authorities of Coos county. New
Hampshire. The marshal has been direct
ed to use 'such force as is necessary to
protect said Thaw from violence and In
dignity, II such Is attempted
This will be aew experience for the
slayer of Stanford White. and he Is
pleased at the prospect. Having federal
interference in his case gratifies that pc
culiar love for show and publicity he SO
cften has shown. Besides, there lis COM
Fort in the thought that any infringe
ment of the writ by any one whomsoever
would mean serious consequences, mas
much as the writ carries with il an In
junction which says in effect Hands
off"
Mr. Jerome announced tonight that
he had been Informed Governor Fellxer
had fixed Wednesday afternoon for the
extradition hearing at Concord