Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-09-02
THAW IS SAFE
IN CANADA FOR
ONE MORE DAY
Judge Hutchinson Reserves De-
cisi0n on New Habeas
Corpus Writ.

SHERBROOKE, Que, Sept. a.
Harry K. Thaw will find haven for
another day, at least, in the Sher-
brooke Jail, secure from the immigra-
ton authorities, who seek to deport
him.
Superior Judge Hutchinson re-
served decision this afternoon after
hearing arguments for and against
sustaining a writ of habeas corpus
calling for the fugitives release.
Meanwhile Thaw will remain in his
cell. Crowds which had gathered
here for the fair cheered him wildly
as he was driven UP the hill on his
return trip to the jail. Hebowed In
Acknowledgement, but showed signs
of extreme nervousness after the
morning hearing.
1t was forenoon of rapid develop
ments. Aime Geoffrion, special repre-
sentative for the attorney general and
premier, scotched the attempt of
haw's lawyers to obtain adjournment
of the habeas corpus proceedings by
declaring that 1t was the attorney
generals wish that the matter be
disposed of forthwith.
his was a blow to the Thaw forces
and to Thaw himself His lawyers
contended that to liberate Thaw or
writ sued out by his erstwhile cap
tor, John Boureau, chief of police OF
Coaticook. was perversion of the act
and that, If necessary. they would
carry the case to the "foot of the
throne"
Thaw's Counsel Makes Fight.
w. L. Shurtleff, of counsel for
Thaw, questioned the right Of the
attorney general to intervene, and
II. r. Fraser defied the lawyers act
ing for New York State to cite one
instance on record where a writ has
been sustained when the prisoner was
an unwilling party to the proceed
ings, as in the present case.
Thaw, paler than usual, sat through
it all huddled up on a lounge. He
twirled his new straw hat to ease the
tension bit his nails and, now and
then. scribbled notes.
Over the violent objection Of Thaw's
counsel, Judge Hutchinson, of the Su-
perior Court, today ordered that the
habeas corpus proceedings brought by
New York State should go on. Aime
Geoffrion, who arrived this morning
to represent the prime minister and
attorney-general, then announced that
the attorney-general had intervened
and that "this matter must be decided
at once"
''If he is not liberated on the writ"
Mr.. Geoffrion said, "other means will
be taken. Thaw must not be harbored
in a Canadian jail"
Thaw's face fell, and his lawyers,
declaring that the writ was irregular,
spoke in turn. pleading for adjourn
ment until Friday.
1--WE must go on with it," said
he aft
general" said Mr.. Geoffrion, "and 1t
is of paramount Importance that JUS
tice in this case move swiftly. Our
jails are not public boarding houses.
1t Is the attorney generals desire
that this matter be settled instanter
by the liberation of Mr.. Thaw. The
prisons of the province cannot be
used to shield a man from the federal
law"
When the Judge reached his CHAINS
bers shortly after 8 o'clock he said
he had decided to admit four re-
porters to the hearing.
Calls Case a Scandal.
Samuel Jacobs, appearing directly
for Boudreau, indirectly for Jerome,
supplemented Geoffrion's remarks.
He denounced the case as a scandal
to the Dominion and said it was in
|
county of st. Francis to its normal
state"
The appearance of a representative
for the attorney general is thun-
derbolt to u.s." said Mr.. McKeown.
I'VE did not know of his presence
until this morning. We should like
time to consult the law as to his
right to appear"
II sent for him. said the court
curtly. 1.-THE issues here are plain.
First, is this man Illegally detained
Second, does Boudreau have a right
to a. petition for the writ of habeas
corpus? Those questions are the
points of law purely, and l see no
reason for granting an adjournment" !"
Mr.. McKeown tried to open the
preliminary arguments again, but
the court directed that he desist and
arguments to sustain the writ were
begun by Mr.. Jacobs.
Thaw sat on a lounge. neryously
lingering his hat and taking notes.
There was such a crush outside that
mems coats were torn, hats We're
smashed and collars twisted. In the
court house yard, a loud-mouthed
orator was haranguing the crowd and
at intervals there We're roars OF
'sthree cheers for Thaw." At times
the din grew so loud that it was
difficult to hear counsel speak.
Arguments were concluded at
o'clock, and to the great disappoint-
ment of those representing New
york. the court reserved decision. ut
is matter of such grave import"
he said, that / could not care to
decide this matter until l have given
il careful consideration. Possibly to-
morrow l shall announce my de-
cision. / shall notify all counsel"
ignorant that the proceedings were
tc be held in chambers, crowds
jammed the Superior Court room,
tered the stairways. Uniformed do