Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1913-09-04

this case, but in doubtful cases the
court always inclines in favor of lib
erty. In numerous cases 1t has been
held that 1T is the duty of iudpc
hearing an application for discharge
under writ of habeas corpus when
prisoner is restrained of his liberty
under statute, to discharge him un-
less satisfied by unequivocal words in
the statute that the Imprisonment is
warranted by statute.
"The court doth, therefore, grant the
said petition, maintain the said writ of
haheas corpus and declare the same alb
solute; and doth further declare that the
taller has no authority to detain the said
Harry Thaw in the said common iail of
this district and whether the said Harry
T. Thaw wishes to exercise and enjoy
his personal liberty or not, he is entitled
to his full liberty and he is hereby lib
Grated and discharged from his present
detention in the said Jail. and is hereby
restored to the liberty he enjoyed pre-
vious to his said arrest and detention"
The board of inquiry organized to-
night. T.. Blake Robertson will preside.
assisted by Inspectors d. II. Reynolds,
T. II. Williams and T. f. Garceau. l.. T.
Maraschall will appear counsel for
the board The hearing will begin at $50
o'clock tomorrow morning. DR. Ray
mond Kieb, superintendent of Mattea-
wan. doubtless will be called to testify
as to Thaws detention in an institution
for the insane.
QUICK VERDICT EXPECTED.
A quick verdict is expected, though
Thaw's lawyers probably Will appeal to
the Dominion chief justice. j. c. Dough-
erty, who is now acting minister of the
| interior Their chief worry tonight was
the absence of any directing head of the
| Thaw family and the family's apparent
lack of interest in the case. aside from
Thaw's own "publcty campaign" abso-
lutely nothing has been done so far as
could he learned here to fight extradi-
tion from Vermont.
The New York authorities. on the other
hand, have arranged everything on the
other side Of the border even down to
distributing deputy sheriffs and automo-
bcs It would not surprise Thaw's law
yers, If he, once across the line were put
bodily into a car and headed straight for
| the New York line. There Is basis for
this suggestion in the fact that John
4
made a special attendant" of Mattea-
, wan and in this capa city. it IS claimed
would be authorized to handle Thaw as
an escaped lunatic.
Late tonight Thaws counsel ISSUED
the following statement supplementing
what Shurticff had said
| There seems to be a disposition at
| the present time to invoke all the
clauses in the immigration act against
| Thaw. 1t was understood in the be-
I ginning that he would be deported, If
deportel at all, on account of his hav-
| ing entered Canada by stealth. But 1t
is now understood that the matter of
! his mental condition will be inquired
into. If this should be done. it would
very likely take away from him the
I right of appeal to the minister of JUS
! tice. which, it has been considered up
/ to the present time, he has had. In
/ this case the end would come suddenly
ana he would be deported at once"
TEST CASE IN PENNSYLVANIA.
Pittsburg. Pa, Sept. 3.-That the SAN
ity of Harry X. Thaw be passed upon
by jury in Allegheny county. this
state, Of which he claims he is a citi-
zen, Is a demand made In replication
filed in Orphans court to-day by Thaw
through his counsel former Governor
William A. Stone. The replication
brings before the court for argument
the petition of Thaw and the answer
, of the Fidelity Title and Trust com
pany, on the demand of Thaw for $50,
: 600 of his income in the hands of the
trust company, and which the latter
has refused to turn over until Thaw is
} legally declared sane, or until all ques
! tion is removed.
Thaw in his replication demands thai
the issue and replication be certified
by Orphans court to common pleas
court for a trial by jury as to his san
ity. The trust company has 10 DAYS
in which to answer the replication, af
= ter which the court will set n date fol
arguments.