The Barre daily times. (Barre, Vt.) 1897-1959, 1913-08-21
Counsel Announced They
Would Not Produce the
Fugitive on Writ
AS HABEAS WRIT
DID NOT SET DATE
Thought to Be Delaying to
Strengthen All the De-
fense's BulWarks

sherbrooke, P. O., Aug. 2l.-After an
allnight conference, counsel for Harry
X Thaw announced this morning that
they would not produce the Matteawan
fugitive in superior court to-day on the
writ of habeas corpus obtained yester-
day. They explained that the writ was
returnable any time and they had decd-
ed to delay the proceedings pending fur
ther conferences.
This marking time by the defense was
due mainly to the arrival last night Of
Mrs. George Lauder Carnegie sister of
Thaw, and her husband, who are anxious
that no legal steps be taken until every
bulwark OF defense has been strength
ened.
The move surprised the immigration
officials and the New York officers who
are here. They had expected that Thaw
would be arraigned before noon released
on the present commitment and then be
held as an undesirable alien and deport-
ed. One theory was that Thaw would
be returned to Coaticook and deported
from there to the nearest border point
in Vermont or New Hampshire. Anoth-
tt lHeOlN was lHub HIS GpuUEti Noulu
try to show that Thaw had through
ticket to Detroit and would demand that
he be taken there and released Still
a third theory was that all the proceed
ings would be transferred to Montreal
before a special board of inquiry.
The writ of habeas corpus was OBJ
tanned by Thaw's counsel yesterday aft
ernoon. If the writ were to be sus-
4,s. 4 l. 4 L g.. L. Il.
lv to be seized and thrust across the
border as an undesirable alien" Fac
ing such a situation, Stanford Whites
erratic slayer, ordinarily loquacious, for
once in his life has refused to be inter
viewed. He has talked vaguely of mat
ters not pertais'ng to his escape, but
not one word has come from him regard
ing his flight from Matteawan, or Of
the inception Of the plot that led to his
delivery or OF the five men who spirited
him away.
Mitchell Thompson, arrested yesterday
on suspicion Of being one of the five
men. was held in $500 bail for hear
ing Friday.
Thompson Held for Hearing.
Thompson was idling in the superior
courtroom waiting for the Thaw case
to come up when the immigration off
GERS arrested him. He was quickly iden-
titled as one of the men with Thaw when
Thaw was taken near Coaticook Tues
day. He denied that he had aided Thaw
in crossing the border and maintained
that he had met the fugitive by chance.
Notwithstanding his protestations OF n
nocence he was held. Unable to furnisb
3ba bnnd h. ,pas ran,apJad m ia1 Taah
nically, he is charged with aiding AMI
abetting lunatic to cross the Canadian
border an offense punishable with a $500
fine. If the authorities fail to hold him
on this charge. District Attorney Con-
ger will seek his extradition on war
rant charging Thompson with conspir |
ing with Others to defeat the ends Of
justice in liberating Thaw.
The warrant is here and ready but |
will not be pressed until the immigra
tion law violation has been tested.
Thompson's defense, it is understood, |
will emphasize (provided he admits com
ing across the border with Thawl the |
contention that Thaw has not been |
found insane in Canada and that as
sisting him to enter was, therefore, not |
4 violation of the law. In this way, the |
question of Thaw's sanity viii be in
yolved in the procedure separate from |
his own case.
Thompson's arrest in the court room |
was unnoticed by the casual spectator.
The prisoner lodged the camera squad |
while being removed to Jail. Shielding
his lace with a handkerchief, ne broke |
into a run, greatly to the alarm of the |
aged deputy who had him in charge, and |
stopped only when bystanders began a
hue and cry. Then. still holding his /
handkerchief over his face, he went |
quietly to jail and was lodged in a cell /
not far from Thaw.
Sheriff Hornbeck and District Attor-
ney Conger of Dutchess county, New
York, said that Thompson was none
other than Gentleman Roger" Thomp-
son. late of New York City and reputed
chauffeur of the black automobile that /
whirled Thaw away from Matteawan.
District Attorney Conger was in court |
yesterday when the writ of habeas
corpus was granted Thaw's lawyers.
Il am here to get Thaw," said Mr.. !
Conger. Get him ! WILL
"Thaw will surely be returned to New
York state" continued the district at
torney, sprobably by deportation, as the
Canadian government does not want him
ON its hands. If not by deportation.
then by extradition. We have lot of
possibilities to develop in both direc-
tions; in fact. it is matter of chooS-
ing the best one. We shall try to do
that. Thaw should be back in Mattea-
wan soon. Then we shall see whether
he can escape again.
81 am cooperating at present with
the officials of the Canadian immigra-
tion service, who have full power to act
on authority from their superiors in
Ottawa. They seem fully disposed to
help and hope, although ] have no rea-
son at present to expect it, that when
he is deported it will be at the border
of New York state.
'If by chance our plans to secure
Thaw by deportation fall through, you
may be sure there will be a strong case
against him to bring extradition. 1t
would not be proper at this time to say
upon what grounds we shall move"
Mr.. Conger carries with him a war
rant charging Thasy and his five dp1iv. .