Highland recorder. (Monterey, Highland County, Va.) 1877-1972, 1913-08-29
THAW WINS POINT
IN LEGAL BATTLE
Succeeds in. Having Case Put
Over Until Wednesday.
ARE FIGHTING FOR DELAY
Opposition Hoped Thaw Would Be
Discharged on Present Charge and
Allowed to Fall Into Their Hands.

Allowed to Fall Into Their Hands.
It took nine attorneys to get six
days delay in legal procedure in Sher-
brooke, Quebec, against Harry ThaW,
but they got it.
Result: There is not the ghost or
chance that Sherbrooke's prisoner can
be deported or extradited in anything
short of a week-more probably never.
Everything indicates that Canadian
sympathy Is with Thaw and is going
to do all that 1t can in its psycholog1.
cal way to keep Harry Thaw away
from Matteawan.
The habeas corpus hearing to secure
Thaw's release will be heard next
Wednesday. II
New York state representatives and
Dominion immigration officers protest
ed at the delay, but Superior Court
Judge Globensky announced that as a
circuit judge he would not return from
Montreal until next week.
As soon as Judge Globensky had
agreed with Thaw's lawyers In his
chamber at the court house that the
, habeas corpus writ would be served
Immediately and made returnable on
Wednesday of next week, group OF
the prisoners lawyers jumped into an
automobile and were at the Sher.
brooke Jail in two minutes.
They served the paper on Governor
oF hn iai
ed, chuckling that they had won delay.
No sooner were they out of sight that
Sheriff Hornbeck, Of Duchess county,
New York, with body guard OF men,
were waiting at the Jail entrance; an
automobile was nearby.
Everybody but the New York ON
GERS had overlooked the fact that the
writ, while made returnable Wednes-
day by agreement with Judge Glo-
bensky, ordered Governor Laforce to
produce him Immediately at the court
house.
Laforce knew nothing about the
Wednesday agreement. He had Deen
waiting for the chance OF conducting
Thaw to court. Forthwith he slipped
on his coat and hat and mounted the
stairs to get Thaw. Just as he was
about to open the iron gate a tele-
phone bell rang downstairs. Laforce
was in two minds what to do. Finally
he decided to answer the bell. 1t was
judge Globensky, who had recalled
ais error just before his train for Mon
treal pulled into the Sherbrooke sta
ton.
"Laforce" said the judge. "Yes,
cir" "Thaw writ is for Wednesday.
Goodby."
Sheriff Hornbeck and his compan-
ions, Of course, denied that there had
been any design on their part to take
advantage of an almost clear road
and carry Thaw across the border by
force.
The opposition hoped that Thaw
would be produced, discharged on the
present defective commitment and
thus allowed to fall into their hands
for deportation at point on the bor-
der as yet undecided.
Thaws lawyers, however, believing
In the advantage of delay, declined to
serve their writ on the jailer, and
Thaw remained in his hospital ward
cell chatting with his brother-in-laW
and sister, Mr.. and Mrs. George Laud-
er Carnegie.
Superior Judge Globensky was then
sought by the immigration officials
and the officers from Now York to In
sist on the service OF the writ, osten-
sIbly returnable forthwith, but the
court held that Thaw's lawyers were
within their rights.
The case has reached stage where
the usual relations Of the parties to a
criminal action are absolutely re-
, versed On the one hand, the lawyers
for the prisoner were found fighting to
prolong his imprisonment, while the
authorities, local, Dominion and United
Statos. were anxious to have him set
free, safe in the belief that the immi-
grafton officials would seize him and
force him across the border.