South Bend news-times. (South Bend, Ind.) 1913-1938, 1913-08-27
ABANDON WRIT
To BRING THAW
IN COURT TODAY
Attorneys For Defendant Make
Move Which They Claim
Will Force Client to Remain
in Jail for Sometime.

ciated counsel fighting foI me return
OF Harry Thaw TO Matteavran. an
!, nounced early today that. In their
opinion. the move Of the defense 10
abandon the writ Of habeas corpus
could not be done without formal
permission Of the court and that IN
any event. Thaw would be forced into
court even If the commitment on
which he is held had to be quashed.
The announcement was made By
| Franklin Kennedy deputy attorney
general, returned from Ottawa and
Montreal late II the state forces
can make good their threat. Thaw
may be discharged today and turned
over to the immigration authorities for
deportation before night.
SHERBROOKE. Que, Aug. ~
Harry X. Thaw's Canadian attorneys
late Tuesday withdrew the writ Of ha-
beas corpus obtained last week in his
behalf and the fugitive from Mattea-
wan will not be arraigned in the su-
perior court Wednesday morning as
had been expected. The withdrawal
Of the writ may prolong the proceed
{ ings indefinitely.
: Rumors had been banded about all
day that the writ might be withdrawn
! but il was not until Tuesday evening
that the notice was filed with the
| clerk OF the court. AT the same time
! | a telegram was sent 10 Judge Arthur
t | Globensky at Montreal, who granted
the writ, that such was Counsels de-
= sire. He was due here tomorrow 10
hear arguments on the application.
l The next move in the Thaw case is
) now distinctly up 10 those desiring
his deportation. Under the present
! commitment he might remain in the
T SherbrOOke Jail indefinitely, electing
to have a hearing before a district
. magistrate, or demanding jury trial
I before the King S bench, criminal SIDE,
which does not sit until October.
Briefly. Thaw's lawyers have. decided
to let him pace his cell, meanwhile
perfecting plans 10 defeat attempts TO
/ put him across the Canadian border
al It's Beyond Jerome.
1T is beyond me- said VIM.
Travers Jerome. THE fine points OF
> Canadian law involved are such that
would not feel justified IN even
! guessing at the outcome. We hope
> TO get him in the end but this tangle
must be Strengthened out first"
District Attorney Conger Of Dutch
~
and reticent.
Further TO complicate matters cOun-
/ sci representing the state OF New York
| are not sure that the commitment un-
| / der which Thaw has chosen TO remain
| / i'm jaiI contains a charge Of violating
| any of the Dominion's laws. II is that
> Of being a fugitive from the Mat
teawan penitentiary. where he was
v confined on a criminal charge for
life" Hector Nerret *. G. represent
y ing New York state. said Tuesday
u night that ne regarded the withdraw
al Of the writ on Thaw's behalf as
tacit admission by his lawyers that the
| commitment was legal and did con-
r tain a charge on which Thaw could
I be brought into court. Then We
), might get out another commitment
4 charging some other offense." he
! added "We could bring him into
q court on that, surely. There would
still remain. however. Thaw's right TO
choose trial either at once or before
the Kings bench in October
@ Don't Like the Delay.
a Mr. Jerome and District Attorney
d | Conger were at dinner when Thaw s
/. counsel made known their decision.
| They had been hoping. like others
drawn hither 10y duty, that "Wednesday
! would see a sweeping away OF some OF
: the legal cobwebs and the beginning
r Of a fight in the open, prefacing a
II hearing before the lEllIIl IEIAllOn AM-
G thorities and Thaw's probable depor-
! tation 10 Vermont
The news spread quickly through
the hotel corridors. Sheriff HOrnbeck
r. Of Dutchess county. who is particular
- lv anxious 20 get home expressed his
b | great disgust. The handouts and leg
a irons he brought with him have
Y proved only a burden and he has been
roaming about town for a week wait
ing for something 20 turn up.
Thaw's lawyers. headed by j. y.
a | Cfreenshields. X C.. OF Montreal, were
- grimly iubilant. They had conferred
y all afternoon before reaching a decis-
o ion and were nightly pleased at the
| apparent enigma they have created
for the opposition. Thaw himself
could not be seen. because Of a new
z rule OF the sheriff. Except when &C
/. ! companied by some Of his counsel. no
e one was % be permitted 20 enter his
]. jerome in Statement.
Mr. Jerome was asked Tuesday
night II ne had anything OF particular
| interest 10 say 10 Americans with
IS reference 10 the Thaw case. now that
q ne was on the ground. and had learn
Y ed something OF the Canadian atti-
n tude toward Whites slayer.
NO. but 7 have something I'd like
20 say 20 the people OF Canada" ne
| exclaimed They seem 20 regard
a this man as a martyr. No one is
z prosecuting him. no one wants him.
n New York state IS trying 20 get
; Thaw back. not because New York
wants Thaw. but because OF the bad
| effect his freedom would have on the
people II Thaw were allowed 70 re-
G main free everyone would say. 'Ha,
!, the Thaw millions free him Al
y ready they are saying the Thaw mill
& lions got him out OF Mstteawan. and
= generally we hear the remark. A ricf
man can do anything but what chance
has a poor man got
"a "Thaw's being allowed 20 go free
< would have a dcmoralizing effect up
a. "a whole country ThnW free