Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1913-08-21
THAN HEARING
IS DELAYED
"A WEEK
HABEAS CORPUS WRIT MADE RE.
TURNABLE NEXT WEDNESDAY,
THAW STILL IN JAIL. CANADIAN
IMMIGRATION AUTHORITIES WOULD
DEPORT him..
THAW'S LAWYERS ARE
VICTORIOUS so FAR

7 Sherbrooke Quebec. Aug. 21.-Har
ry X. Thaw, Mattewan fugitive, will
be arraigned in the superior court
tere on a writ of habeas co pus at IL
O'Clock on Wednesday morning next
His counsel agreed to this this after,
noon.
Lawyers for Harry X. Thaw. fenc-
ing for position in his fight to resist
deportation TO the United States afte-
his flight from Mattewan won an ad-
vantage in Sherbrooke today by de-
laying his appearance in the superior
court on a writ of habeas corpus. Do.
minion immigration officials, and witt,
them the district attorney and sheriff
.of Duchess county, n. Y. had hoped
that Thaw would be produced at 10
a, m, discharged on the present de-
fective commitment and thus allowed
to fall into their hands for deportation
at a point on the border as yet un-
decided.
| Thaw's lawyer however believing
|
to serve their writ on the jailor, or
as locally known, 'the governor of the
prison" and Thaw remained in his
hospital ward cell, chatting with his
brother in-law, and sister, Mr.. anu
Mrs. George Lauder Carnegie.
Superior Judge Globensky was
sought by the immigration officials and
the officers from New York to insist
on the service of the writ, ostensibly
returnable forthwith, but the court
held that Thaw's lawyers were within
their rights. There were no court
proceedings during the forenoon, al.
though towns people jammed the court
room. Thaw's battery of lawyers, vic
torious so far in the strange proceed
IRE of keeping their client in jail
agreed to announce this afternoon
what disposition they purposed to
make of their idle writ. If they still
persist in not serving it, the immigra-
tion authorities and District Attorney
Conger of Duchess county, planned to
have the writ declared void and insist
on Thaw's arraignment at once, either
here or at Coaticook, near where he
was arrested.
Today the case had reached a stage
where the usual relations of the
parties to a criminal action are abso-
lutely reversed. On the one hand the
lawyers for the prisoner were found
lighting hard to prolong his imprison.
ha a,,tb tbpr a..
ninion and United States were an
iious to have him set free, safe in the
belief that the immigration officials
would seize him and force him across
he frontier.
Mr.. and Mrs. Carnegie spent nearly
IN hour with Thaw before noon.
He is looking fine said the former
Margaret Thaw. as she left the Jail
DR.. Britton d. Evans, director of the
[ew Jersey state hospital at Morris
Plains, who arrived with the Carnegie
'arty last night, also conferred with
Thaw.
New York state representatives and
Dominion immigration officers protest
I'd at the delay but Superior Judge
'lobensky announced that, as a cir
uit judge, he would not return here
rom Montreal until next week.
The seven days delay in proceed
ngs was hailed as a victory by Thaw's
counsel, who have been fighting for
ime all along. Thaw, in his hilltop
ell, half mile from the court house,
new nothing of what had transpired.
Makes Demand For Thaw.
Ottawa, Ont, Aug. 2l.--Formal de.
land for the surrender of Harry K
'haw was made by telegraph on the
anadian immigration authorities
ere today by Acting Governor Glynn,
New York, The department replied
nat it would take no action till the
resent eXtraditloL proceedings had
cen concluded.
The department let it be known that
would seize Thaw and attempt to
aport him should his extradition to
le United States be refused by the
courts.
If Thaw is set free at Sherbrooke,
iC dilOll az Will Dc dppllGI
ter the usual formalities. No as
france is given by the immigrat tion
spartment that he will be surrender
to the New York officers. On the
,ntrary. it is understood that If
haw is returned to the United States
7 the immigration authorities it will
1t be by way of New York. He will
, taken to Coaticook and thence, at
+ the formal inquiry, on to tho
rider.
Canada Will Assist.
Albany, N. Y, Aug. 21.-Acting Gov.
nor Glynn was advised over the
lephone by the immigration author.
es at ottawa this afternoon that
ey would use every effort in their
wer to assist in having Harry X,
law returned to New York state.
Acting Governo Glynn sent the fol-
wing telegram this afternoon to the
cretary of state and secretary Of
mmerce at Washington: "In the