The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1913-09-02
DECISION lin THAW
CASE WILL BE On
THURSDAY
Petition For Habeas Corpus
Was Argued Today
JEROME is MORE CONFIDENT
Says That Thaw Will Be Released
Within az Hours and Then
Deported.
JEROME IS MORE CONFIDENT

Sherbrooke, Sept. Judge Hutch
inson after hearing arguments in IA
yor Of releasing Harry Thaw under
habeas corpus reserved his decision
until Thursday.
Attorneys representing New York
argued in favor of Thaw's release UNI
der the writ demanded by Chief of
Police Boudreau. Thaw's attorneys
asked that the writ of habeas cor
pus be set aside on the ground that
it was not asked for by the respon-
dent of his attorneys.
II is said that an opinion has been
received here from the attorney gen
eral Of Canada directing that either
Thaw be released or confined under
some writ that will enable the bring
ing of The case before a jury
VIM. T. Jerome is confident that
Thaw will be released within "a
hours and that he will then be de
ported to Vermont.
Sherbrooke, p. O., Sept 2.-Unless
Superior Judge Matthew Hutchinson
has changed his mind over night, the
habeas corpus proceedings at Sher-
brooke, j. o. today in the case OF
Harry X. Thow will be private. Not
even William Travers Jerome, chief
of the New York state interests seek
ing Thaw's return to Matteawan, viii
be allowed in chambers.
Judge Hutchinson announced his de
cision last night. He had weighed the
matter carefully all day, noting mean
time the ever-swelling crowd pouring
into Sherbrooke for the fair On the
lips OF nearly everyone was sym
pathetic word for Thaw. Taking cog
nizance of this and of the outbreak of
last Wednesday, when Thaw was
cheered in court as a hero, the Judge
decided that the wisest course would
be TO exclude spectators Reporters
also are to be barred, according to
last nights arrangements, and while
the Thaw lawyers may be present in
a body, if they so desire, only two
representing New York are to take
part in the proceedings. They are
Samuel Jacobs of Montreal, chief Ca
madam counsel for the state and Hec-
tor Nerret, appearing for the Mattea-
wan asylum, from which Thaw es-
capped in motor car two weeks ago
Sunday.
in chambers. ii is expected, the pro
ceedings will be brief There are three
courses open to the Judge. He can adj
journ the hearing until later date
and ask both sides TO submit briefs;
he can sustain the writ, which will in
slantly make Thaw free man and
place him within the grasp of the inn
migration officers, or he can deny the
writ and remand the prisoner back TO
jail TO await disposition Of his case by
the kings bench in October.
Thaw's lawyers maintained last
night that the writ having been sued
out by a disinteresled party, John Bou-
by disinterested party, John Bou-
dreau, chief of police of Coaticook,
will not be upheld. Counsel for New
York were equally emphatic in ex-
pressing their belief that Thaw would
be released and seized for deportation
Both sides were prepared to fight to
the last di,ch-Thaw's lawyers to
keep him in Jail, New York's to get
him cut. Mr.. Jerome expressed no sur
prise at the decision of Judge Hutch
inson. Il doubt whether | should have
gone to court anyway" was his com
ment
John, or as locally known, Jean"
Boudreau. who demands Thaw's re-
lease on the writ, said again last night
that he had moi been influenced in ap-
plying for it. Notwithstanding the
contention OF Thaw's lawyers that Bou
dreau is not an interested party. in
that the proceedings are not i'm the
prisoners behalf and that he has sign
eda sworn statement repudiating his
intention of seeking damages for
false arrest Boulreau insists that he
mas a right TO demand Thaw's liberty
and that i'm so doing no one gave him
advice.
Those with the gambling instinct
dominant were wagering two to one
last night that the writ would not he
upheld. At all these predictions .Ie
rome smiled quizzically. I'VE are 90.
ing to get Thaw." he said "Navbe
not tomorrow. but we'll get him."
Many yetters threatening Jerome's
life have been received BY him since
MS arrival az SherbrOoke. but he has
made none OF them public. Most of
them we're written by cranks although
one strangely, from Chicago. had a par
ticularity sinister tone. While To
rome takes such missives lightly. hav
ing received thousands during the
fhaW trial in New York. he is being
guarded constantly by private detec-
uves retained by the state OF New
York. Yesterday afternoon a crank
tried TO enter his room, but was sent
away with kind words and caiolerv.
After waiting in the lobby for half an
hour he denarfed