The daily banner. (Cambridge, Md.) 1897-2008, 1913-09-17
THAW LAWYERS
OBTAIN DELAY
Has U. S. Habeas Corpds witt
tc Fall Back On.
JEROME FAILS IN Fight
Attorneys are Granted Delay and
Judge Says There is no Law by
Which Thaw Can be Extradited.

Littleton, N. H., Sept. 17.-Judga
Aldrich, sitting in the United States
District Court, here, granted sus
pension OF the Federal writ of habeas
corpus procured by attorneys for Har-
ry X. Tnaw, fugitive slayer of Stan
ford White, on the plea of Thaw's
counsel The decision was made de.
spite vigorous opposition by William
TraverS Jerome, special attorney for
the State of New York.
In an open discussion with Jerome
after announcing the suspension of
the hearing, Judge Aldrieh said that
search of the statutes had failed tc
reveal to him any law under which a
man in Thaw's position, lunatic
charged with a crime, could be extra
dited.
The action of Judge Aldrich is a
notable victory for the able lawyers
directing Thaw's fight against return
to Matteawan, whence he escaped on
the morning of August 16. The vic
tory lies in the fact that Governor
Felker is to hear arguments in Con
cord next Tuesday by counsel for and
against the extradition of Thaw, and,
should he decide to sign the extradi-
ton papers, Thaw's lawyer may, under
the writ of habeas corpus have the ex-
tradition held up. This will delay the
matter for some time, and possibly
will result in Thaw's freedom.
The first argument in the case was
hu Chvr 1nf I1a w
who pointed out that the extradition
hearing in the Thaw case was to be
held in the near future, and asked
that the habeas corpus hearing be
postponed. Jerome objected.
There is no Federal issue involved
here" he said. Il feel constrained to
say that this writ has been obtained
under circumstances which approach
very near trifing- with the court"
Here he introduced an affidavit by
Lindsay Dennison. newspaper writer
setting forth that Thaw's counsel had
told him that the writ had been OBJ
tanned. not to bring about the fugu-
tive's freedom now but to safeguard
him in the future against sudden re-
moval should extradition be granted.
This writ" he concluded, presents
no serious question of law or fact, but
was obtained for no other purpose
than delay"
George F. Morris, one of Thaw's
New Hampshire lawyers, answered Je-
rome. The application for the writ
was entirely regular, he said, while
the warrant on which New York
sought to get Thaw was a mere sub
terfuge.
1T is an honest endeavor on our
part to get this matter before the
court" he. said. We have had no az
surance that Brother Jerome would
not take Mr.. Thaw at once II tiis-ex-
tradition wrrant were signed"
The court declared that the New
Hampshire statutes prevented him
from holding hearing upon the writ
while the Governors extradition in
quiry was pending.
1.-THE immediate question" continu.
ed the court, SIS whether the proceed
ings shall 60 on or be suspended. 1t
Is the judgment of the court that a
suspension would not menace the in
terests of either side and in view of
the fact that the Governor hesltates
to proceed with the extradition hear
ing until the status of this matter
is assured, suspend it. It Is not
adjourned, but suspended, and ! sug-
gest that either side notify me with
in six days when they are prepared to
go on with it."
Thaw sat with his eyes riveted on
the court. His lawyers were grinning.
He was remanded back to the Joint
custody of Sheriff Drew. of Coos coun-
ty, who arrested him after his receit
deportation from Canada and United
States Marshal Mute.