Arizona republican., 1913-08-31
Old Prosecutor of Fugitive from Matteawan Hopes
 to Secure Thaw's Depor-
 tatiOn After Producing Prisoner in Court
THEN RETURN
 TO ASYLUM
Prisoners Counsel Says That '|Abuse of Prison CTS Privilege" Will Not Be Tolerated; That Com mitment Will Stand
ASSOCIATED PRESS D1sPArcH1

 SHERBROOKE, Aug. 30.-Harry Thaw's favorite, though ineffective weapon, in the New York courts, the writ of habeas corpus. was turned against him today by his old prosecu- tor. William Travers Jerome, as a means of forcing Thaw into the court here next Tuesday in order that the immigration authorities may depOrt him to Vermont in what Jerome hopes will be the first leg of his return to the MatteWan asylum.
 Tonight, satisfied with his work, Jerome left for Quebec to spend Sun day John BOdreau, the rural chief of police of CoaticOok, ThaW's proud cap- tor, after he had crossed the Canadian frontier, was used by Jerome and his Canadian lawyers in obtaining the writ. He persuaded him that Thaw's deten- tion in SherbrOoke jail on a defective commitment might result in a dam age suit for false arrest. so he peti- toned Superior Judge Hutchinson to have the prisoner produced in court. disturb the status of the case, ThaW having been remanded in jail for an indefinite stay by his brother judge, Arthur Globensky finally consented to hear the arguments on the writ at 10 o'clock Tuesday morning. Then Thaw's lawyers will have an oppOr- tunity to oppose it. If the writ is sus- tained ThaW will be turned over to the immigration officers at once and will be taken to Coaticook for hear ing and, doubtless, thrust across the Vermont border and there will be seized by deputy sheriffs acting for New York state on a warrant charging him with conspiring with Howard Bar mum, the Mattewan guard. and others to escape.
 Jerome's coup was made possible by the sudden return here of Judge Hutchinson, who has been in Maine for his vacation. By the merest chance Samuel Jacobs, chief counsel for the New York interests, apprised of his re- turn, made a dash back to SherbroOke after leaping from a train bound for Montreal Immigration authorities also bound thither returned on the next train and waited about the court house today in hope that the writ would be acted upon at once.
 Thaw's lawyers were taken com pletely by surprise. There is talk of bringing Thaw's chief counsel, J. N. GreenSh1eldS Of Montreal here on a special train, but he is cruising in his yacht on the St. Lawrence river and could not be reached until tonight. He will be here tomorrow.
 Second in command is w K. Mo KeoWn, who arrived from Montreal this afternoon after the writ had been granted.
 I've do not think this move will stand in court" said MT. McKeown. New York is using John Bodreau as 8 pawn. It is an abuse of the habeas corpus. A writ of habeas corpus is asked presumably on the prisoners be- half. In this case it is being used to deliver the prisoner into the hands of his enemies. It is a mere subterfuge We don't blame the lawyers for New York in taking action during our ab- sence.''
 However, there is 8 sort of mutual understanding that nothing will be done on either side until Wednesday next when Roger Thompson's trial in this matter will go on.