The chronicle=news., 1913-09-13
TnAW ATTORNEYS VIM
COURT SLAVES OFF
ExTRADI1Ion
Grants Writ of Habeas
Corpus Retarnsble on
Tuesday Morning
JEROME SURPRISED

Concord. n. H.. Sept. lS.-In the
United States district court In this
city this afternoon Judge Edgar Al
drich granted the petition os coun-
sci for Harry X. Thaw for . writ Of
habeas corpus. returnabls at Little
ton on Tuesday next At II =. N.
Nathaniel r. Martin OF this city
and Merrill Shurtieff OF Lancaster.
appeared ~ COUNSEL for Thaw. The
state Of New York was aot rspressnt-
Cd at the hearing.
ProccedinEs were In chambers only
the Judge. counsel and clerk Of the
court being admitted. Judge Aidrich
issued also an Injunction restraining
all parties from interfering with the
service Of the writ or with Thsw.
panding the hearing at Littleton.
Copies Of the writ and Injunction
will be served on Sheriff Drew Of
Coos county. William Trxvcrs JeA
rome and Attorney General James p.
Tuttlc.
The effect Of this procecdinG ID to
bring tho situation to standstiil
until next Tucsday.
Thaw's counsel left for Coicbrook
at ::3O this afternoon and Judge
Aldrirh took the same train for hts
hons In Littlctou. The proceeding
In the federal court heads off extra
ditioa with the result that the case
may bc iaken BY appeal 10 the unit-
I'd 8lalss Suprsme court.
Judge Aidrtch's rescript says In
past:
The. pc,it.oa OF Harry X. Thaw
~ .. writ oI habses l9enae Se6 y
-sJansa ssassS a8vKosity fsvokes the
18th Auesdnent to he Constitution
os the uaised States. which. among
other thiaes. declares that no state
shall deprive any person Of life. lib
rsty or property without due process
Of law. ~ we'll - other federal laws
with reference TO the restrain, Of per
sonsi liberty.
while rcservins to federal au-
ihor!ty the exercise OF all such ultiu,-
ate power and the discharge Of all
such duty ~ the constitution and
laws Of the United States contemplate
In q situation like this. and while. ac-
cordinE to federal and state in,rrprc-
Satlons. state authority In rrapcci n
cxtradiiion results primarily II not
altogether from federal Law. Il is not
Intended that tho issuance Of the
writ shall Interfere at all. for the
present At last. with such Of the at
thoriiics Of the state Of New Ham y
shire as may bc called on to deal
with problems involved In the proto-
sitiou Of rxtradition.'
Co,cbrook. y. H.. Sept. 13.-Aftcr
smother night Of rumors Of kidnap-
ping, Harry X. Thaw awoke today
TO care on the rain soaked streets
and to confer with counsci regarding 4
the hearing with Governor FeIkcr
at Concord. in opposition to his cx.
tradition to the state Of New York,
This hearing. according TO the un.
derstanding Of the Thaw lawyers
will he held on Wednesday. Thaw
will probably be removed TO the cap
ital Monday without further court
procedure here.
Neither trusting the other. and
Tha~s special guards trusting mel
ther side. all hands kept watch al
the hotel where Thaw Is housed un'
I'll we'll after midnight.
At 2 a. m.. an ovcrwrought re-
porter. sure Of the presence Of some
strange mon. and automobiles about
the buildings meant no good. rat
down the silent Railways shouting al
the top OF his lungs. The entire no
tel was awakened in an instant
Sheriff Drew. who had retired. raj
SCssSlaeeA 90 0age ~