Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1913-09-16
THAW IS VICTOR
IN FEDERAL
COURT
WRIT OF HABEAS CORPUS IS IN
DEFINITELY SUSPENDED AND
JUDGE TELLS JEROME He CAN
find NO LAW TO WARRANT
THAWS' EXTRACTION
HEARING BEFORE
GOVERNOR sept. %

| Littleton, n H., Sept 16.--Harry
Kendall Thaw won a victory in the
/ United States district court here to-
day, when Judge Aldrich indefinitely
suspended a hearing on writ of ha-
beas corpus, obtained by the Thaw
| lawyers. This means that Thaw will
have Federal writ to check his i'm
mediate return to New York state in
the event Governor Felker orders his
extradition after the hearing to be
held at Concord.
| In an open discussion with William
Travers Jerome, after announcing the
suspension of the hearing, Judge Aid
rich said that search of the statutes
had failed to reveal to him any law
under which man in Thaw's position,
lunatic charged with a crime, could
be extradicted.
Mr.. Jerome, specially deputized
bring about Thaw's return to the
lum tried to block the postponem
on the ground that the writ had be
obtained as matter of expediencey.
He produced an affidavit from news
paper man, quoting Thaw's counsel as
saying this, but he was unwilling to
press the matter after counsel for
Thaw had assured the court that the
application for the writ had been en-
tirely regular.
What do You propose to do then?'
insisted the judge.
Jerome hesitated
THE immediate question contln-
ued the court, lis whether the proceed.
ings shall go on or be suspended. 1t
is the Judgment of the court that
suspension would not menace the in
terest of either side, apd in view of
this and the fact that the government
hesitates to proceed with the case un-
til the status of this matter is assured.
suspend it. 1t is not adjourned, but
suspended, and I suggest that either
side notify me within six days when
they are prepared to go on with it."
Thaw had his eyes riveted on the
court. His lawyers were grinning. He
was remanded back to the joint custo-
dy of Sheriff Drew, of Coos county,
who arrested him after his recent de-
portation from Canada, and United
States Marshal Mute.
Counsel for both sides, after talking
with the governor by telephone agreed
that the extradition hearing would not
be held until Tuesday, September %,
The lawyers then went into confer
ence to decide where to hold Thaw
meanwhile.
Crowds, packing Main street in
front of the court building, cheered
Thaw as he was driven to hotel for
dinner.
Harry X. Thaw, in the joint custody
of United States Marshal Mute, and
the sheriff of Coos county arrived
here today, shortly before 8 o'clock,
for arraignment in the United States
a writ of habeas curpus
A carriage conveyed Thaw, guards
and lawyers to the court building.
Mr. Jerome went to a hotel for
conference with counsel. CIV.
After hearing arguments, the court
suspended proceedings. No date was
set for future hearing. This was
victory for Thaw, since the New York
authorities were anxious to have the
writ quashed Marshal Mute and Sher-
iff Drew were appointed to continue
as custodians of the fugitive, with in
structions to let him confer freely with
counsel
Marshal Mute announced this after
noon that he would keep Thaw here
over night. Thereafter his plans for
I 10 nrirapar uudncilel