Norwich bulletin., 1913-09-17

fLittleton N. H., Sept 16.-CounSel for Harry Kendall ThaW laid tonight the foundations for plans to carry his case to the supreme court of the United States.
 When the governor of New Hamp- shire passes on the matter of his eX- tradition to New York, at the hearing to be held at Concord on Tuesday next, the findings, if adverse to ThaW, will be reviewed by the United States district court and~should a decision against him then be rendered, suc- cessive appeals will be taken until the case reaches the highest court in the land
 Fourteenth Amendment Invoked.
 This was the announcement made by the ThaW lawyers tonight alter the most notable court victory for the Iu- gitive, either in Canada or in the United States. since his escape from the MatteaWan asylum for the crlm- inal insane. It was made after hear ing on a federal writ of haDeaS cor pus, obtained in ThaWS behat ana invoking the fourteenth amendment to the constitution, which had been ln- definitely suspended until such time as counsel saw fit to begin arguments after the eXtraditiOn matter had been decided by the governor.
 Edgar Aldrich, United States judge for the district of New Hampshire,
 
 in effect, to hold his habeas corpus writ in abeyance, explained in his re- script that was the petitioners prlV- iIege in that should he be ordered extradited it would still be open to federal authority to afford such pro tectiOn as the constitution and the laws of the United States require
 Thaw Chartered in Hotel.
 Thaw's iubiIart counsel, headed by f-f,sc,.e,7,,91 [ of New York, departed from Little ton tonight leaving their client in the joint custody of the United states marshal and Sheriff Drew or Coos county. They will not return unul the hearing before the governor $ called Not long afterwards the New York state forces, William L,raVerS5 Jerome. Deputy Attorney General Franklin Kennedy and Sheriff Horn beck, of Duchess county, also leLU. They will come back for the hearing on Tuesday.
 ine tonight. will he taken to Concord in the morning. He was auartered 1n Thayer's hoteF tonight feeling fine and predicting that the gates of MatIea- wan would never close behind hIn
 Jerome Says Little. MT. Jerome had little or nothing to say. "Thaw is tied up now with a, federal writ" he said, and there IS no getting around it. But the ques- tions to be decided by the goNern0.,f are simple and we hope for victory.
 Concluding his rescript today, Judge AIdrich engaged MT. Jerome in for maI coIloduy as to ThaWs status as a criminal or a sane man. IL was per hans the most interesting part of the brief court procedure.
 Thaw Cheered by Crowd. For the first time since his return to the United States after his sudden deportation from Canada, Thaw was openly cheered today. Arriving carry from Colebrook, near where ne was arrested last week, enthusiastic anu sympathetic crowds greeted him at the station and when he descended to Nam street after his court victory and was taken to his hotel for dinner, ne was chpered as he passed. Throughout the afternoon, motor cars Dlocheo tue streets outside his quarters and hun dreds of pedestrians crowded the side i walks
 During the early part of the court proceedings phaW avoided the eyes of MT. Jerome. but when he saw that his old enemy was not pressing tae tIIe attack that he had outlined. that the writ had not been obtained in good faith but as Q means of delay, ne raised his eyes to the face or Jerome and when the latter failed to put III evidence an affidavit of a newspaper writer to support the contention that the Thaw lawyers were merely spar = ring for time, the fugitive laughed outright
 Jerome Makes Objection.
 The proceedings occupied an hour and a half Merrill Shurtleffs one of Thav's New Hampshire counsel opened the proceedings, setting tortn that in view of the impending hearing before the governor the petitioner did not care to urge his constitutional rights but desired continuance. Jerome was on his feet in an tu- stantN "I desire to interpose objection to any delay" he said "I move that this hearing proceed forthwith and that the writ be quashed. Examination ot the return will show that the questions raised in the application are frivolous and raise no new question of law or fact There is no federal issue ln- voIved and I feel constrained to say that this writ was obtained after clr- cumstances which approach very near trifling with the court. l have here affidavit af Lindsay Iennison, based on statements made by ioeuacious eouns~I for the other side"
 Court Rebukes Jerome.
 teYeu need not use that term Ioqua- eieus, AIr Jerome" said the court severely.
 T withdraw the remarks said Jerome.
 T will say now" continued the court, that unless you have a pretty strong case l advise you to save the trouble of raising the issue of bad faith.
 MT. Jerome sat down.
 Geerge Morris of 'Fhaw's New Hamp- shire lawyers, addressed the ceuIt; lie said in brief that the writ in FhaW's behalf had been obtained because, un- der the New Hampshire statutes, there was ne recourse to the courts III case the governor henersd the eztradlttoA warrant and the New York authorities cared to remeEe the fugitive instantly
 Jereme Wiling to be Fair,
 We will agree said Jerome, rising, that We will use no undue haste in re moving Thaw should his eXtradition be granted. We are willing and anX- ious to proceed in a legal and eminent ly fair manner"
 Do you wish Co press this question of bad faithH' inquired the court.
 Alr Jerome paused moment, the1 SaI6 thai 5u7eyIeHt of thaxE q aSs;IIEapcFs