The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-09-02
Thaw's Habeas Corpus Case
Taken Under AdviSement.
Too Weighty a Problem to Be
Decided Off Hand.
1T MUST BE SETTLED NOW
Prison Cannot Be Used to
Shield Man From Law.
Court Denies All Motions Look.
ing to a Delay.

Sherbrooke, Sept. 2.-Over the
violent objection of Thaw's counsel,
Judge Hutchinson of the superior
court today ordered that the habeas
corpus proceedings brought by New
York state should go on. Anne Geof-
frion, who arrived this morning to
represent the prime minister and at
torney general, then announced that
the attorney general 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
il a Canadian jail
Thaw's face fell, and his lawyers.
declaring that the writ was irregular
ment until Friday.
I'VE must go on" said the court.
"Is represent the attorney general"
said Mr. Geoffrion, '-and it is of para
case move swiftly. Our jails are not
public boarding houses. 1t is the at
torney generals desire that this mat
ter be settled instanter by the liberia
ton of Mr.. Thaw. The prisons of the
province cannot be used to shield a
man from the federal law
Samuel Jacobs, appearing directly
for Bordeau, indirectly for jerome,
supplemented Geoffrion's remarks. He
denounced the case a scandal to the
Dominion and said it was incumbent
on the court to restore the county of
st. Francis to its normal state
1.-The appearance of representative
for the attorney general is thunder
bolt to u.s. said Mr.. McKeown. We
did not know of his presence until this
morning. We should like time to con-
suit the law as to his right to appear"
Court Sent for Him
Il sent for him. said the court
curtly. THE issues here are plain.
First, is this man illegally detained?
Second, does oBrdreau have a right to
Both these questions are points OF
law, purely, and l see no reason for
granting an adjournment
MIR. Mckeown tried to open the pre-
1iminary arguments again, but the
court directed that he desist and argu-
ments to sustain the writ were begun
by Jacobs
Thaw sat on a lounge, nervously
lingering his hat and taking notes.
There was such a crush outside that
mems coats were torn, hats were
and collares twisted. In the
yard a loud mouthed ora
tor was haranguing the crowd and
at intervals there were roars of Three
cheers for Thaw."
AT times the din grew so loud that
it difficult 20 hear counsel speak.
Arguments on the habeas corpus
matter were concluded at O'Clock
and to the great disappoint. of
those representing New York the
court reserved decision.
1T is a matter of such grave i'm
port he said, that I would not care |
to decide this matter until l have Civ |
EN- it careful considerat alton. Possibly |
tomorrow ] sIN announce my deci- |
sion.''
Held i'm Secret. |
Sherbrooke, Sept. 2.-Thronged |
with visitors to the county fair and !
bathed in a brilliant September sun, |
was astir today. ready, |
eager and anxious to take whatever |
part it might in Harry K. Thaw's sec !
1nd battle in the superior court of st. |
Francis court. Thaw resisting liberia |
ion from the Sherbrooke Jail on a
writ of habeas corpus obtained last
week after a coup of his old enemy,
William Travers Jerome, was groom
I'd and ready at 9 O'Clock to be taken
o court in a closed carriage.
The authorities were apprehensive
est there be a demonstration in his
oehalf such as marked the proceedings
If Wednesday last, when his lawyers
in withdrawing writ
which they themselves had obtained.
For this reason the scene of today's
rearing was set in the privacy of the
Judges chambers.
Jerome, confident and smiling, was
lp with the sun. He first took spin
n his grey car, then held a conference
With his Canadian lawyers. He had
10 part in the habeas corpus argu-
nent having no standing at the Dom
nion bar. The states interests were
n the hands of Samuel Jacobs and
d by J. n. Greenshields. conferred
Until after midnight. This morning
hey expressed again their belief that
he writ would not be sustained and
hat New York could not force Thaw
tut of jail into the hands of the i'm
department for deportation.
To Fight Every Inch.
Should the writ be sustained they |
lad mapped out line of action to
contest every inch of the way, as it |
we're. to the Vermont border. They
,ased their contention against the val
dfty of the writ on the ground that
t had been sued out by John Bou-i
Ireau, chief of police of Coatieook,
Who was not an interested party to the
Boudreau asked for
Boudreau) feared a damage suit for
rresting the fugitive But Thaw has
n an affidavit disclaimed any inten-
ion of seeking damages
The curious. the morbid, the hyster-
caIIy sympathetic and the merely idle
,egan trooping toward the court house
md congregating about the Jail short
V after S o'clock. Denied the court
proceedings they seemed determined, in
INV event to see the famous prisoner.
Plain clothes detectives, Dominion
md provincial, mingled with the
hrong. John Lanyon, private detec-
i've from New York clung close to
Jerome. There have been repeated
hreats of attempts on Jerome's life
'he immigration authorities, allies of
Sew York in the struggle. conferred
Turing the morning as to the manner
# seizing Thaw and rushing him to