The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-08-20
GREAT LEGAL BATTLE
Dominion Officials Declare That Inv
Is Clearly Against the Prisoner.


Is Clearly Against the Prisoner.
Ottawa. Ont, August 19.-The Cana
dian government will order the de-
portation of Harry *. Thaw, lunatic-
slayer. who was arrested ut Coaticook,
Quebec, early to-day. Thaw will resist
United States with all the power that
his family's wealth is able to com
mand.
The most sensational international
legal fight ever waged is expected as
n result of developments that have
come since Thaw was taken into Gus
tody shortly after crossing the border
line between the United States ard the
Dominion.
Both sides have already mapped out
their plans. The Canadian govern
mcnt is acting on the law providing
that any person who enters Canada
within five years of his incarceration
in a penitcntiary or asylum may be
sent back as an undesirable"
Thaw. who was taken from Coaticook
10 Sherbrooke, Quebec, this afternoon,
has already retained Solicitor w. l..
Shurtlef. one of the best known law
yers in Eastern Canada. Shurtleff has
had vast experience in tangled cases
presenting great difficulty to counsel
and has usually been on the winning
! side.
Despite Thaw's confident assertion
| done nothing for which he could be ar
rested" the Dominions immigration
department went ahead with its plans
late to-day as if the legal formalities
necessary fer the return OF Thaw would
be soon accomplished.
| Returned to Whnt Point.
There seemed to be only one mat
! ter on which the officials were unde-
| cided. That was as TO whether Thaw
| should be handed over to American
| officials at some point on The New
| y ork border. or whether he should be
sent back at the New Hampshire bor-
der. which he crossed to enter Canada.
f. c. Blair, acting superintendent OF
! the immigration Department., got
busy rs soon as he was officially noti-
! fed of Thaws arrest He looked up
the law on the subject. and then gave
! out tho following statement
Harry *. Tha- will BIO deported
without delay. The Jaw specifically
/ says that an insane person cannot be
applies OF course. TO persons adjudg cd
! insane in their own country, and will
apply TO the case Of Thaw.
NO technicaliiy can interfere with
Thaw's deportation. The clause is
too plain and its intention cannot be
| misunderstood"
Many OF the leading attorneys OF
Guiding Mr.. Osborne, deputy minister
Of justice. who added that II the i'm
migration laws were found inadequate
to force the deportation OF Thnw, he
believed that the fugitive's eXtrndi-
ton could be effected. but that the
Department OF Justice would take no
action unless requested by the New
York authorities to do so.
The consensus Of opinion among the
lawyers wes that the recent ruling IN
the caao OF JACK Johnson. the pugilist
would have no bearing on the Thaw
case. Johnson had purchased through
passage TO Europe. and went TO Mon
treal 10 take HIS ship. The govern
ment declares that Thaws lack OF
through passage tickets prevents his
putting up the same defense as John
son. who VAS allowed to proceed
The authorities at Shcrbrooke we're
notified by the Immigration Depart,
ment late to-day to hold Thaw under
the immigration law, and to guard
him closely Two Off GERS OF the de-
partment We're subsequently, sent tc
SHERLOCK 10 take charge OF the
prisoner.