Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-09-10

bUl Is CAPIURtU
CONTINUED from First Page
the reporters, with Thaw in 1t. went on to
Ayertil. Here he had breakfast at the
inn.
Crosses to New Hampshire.
Engaging another car the Matteawan
fugitive and the correspondents passed
through Canaan and then crossed the
river into New Hampshire.
Thaw's haste to leave Vermont was
probably due to his knowledge that a
warrant for his arrest was awaiting serv-
ice In the state. Thaw had no plans for
the future. His deportation was a COM
great state OF excitement during his
flight across the northern part of Yer
mont.
Up to the time he crossed the Connec-
Ecut river no step to interfere with his
fight was taken, and he believed that
the Vermont and New Hampshire au-
thorities had not been informed of his
removal from Canada
Thaw knew his route perfectly. appar-
entity having studied 1t in detail before
leaving Matteawan-
Thaw reached Stewartst0wn, y. H.,
shortly after 10 o'clock. No attempt was
made to arrest him. He stood about the
village square for about fifteen minutes,
then re-entered his automobile without
announcing his destination. About IL
o'clock he stopped at a farmhouse near
Stewartstown and then continued his
journey.
Thaw's Appeal Rejected.
rrrAUa cante,nhor &c DOH
erty. as acting minister of the interior
department. today said he had re-
jected Thaw's appeal from the decision
Of the immigration board Of inquiry.
UNFOLDING the findings Of the board
forthwith. This order was carried out
this morning. The writ Of habeas COR
pus or writ Of prohibition issued at
Montreal, said Mr. Dohertt, did not
snjoin the immigration authorities
from taking this step.
Doherty Explains Action.
Il issued the warrant for the deporta-
ton Of Thaw, which has been acted upon
this morning. and did it in pursuance of
my duty as acting minister OF the in
terror" said Judge Doherty. II assume
full responsibility for the deportation
The action has been taken after careful
consideration. What was done was mere
u TO carry out the law
Judge Doherty explained that the
Canadian immigration law directed the
seizure OF persons who We're suspected of
being undesirable, their examination by
q board of inquiry. and deportation.
'Thaw was suspected, seized examined
condemned as an undesirable, and now
has been sent back whence he came and
by the same route added Judge Do
herty.
What about the court orders. the writ
OF prohibition and the writ of habeas
corpus?" he was asked.
Much misunderstanding.
There has been good deal of mis-
understanding on these points," replied
Judge Doherty There was no writ
OF prohibition directed to the authorities
who had Thaw in custody. As for the
writ OF habeas corpus. il was directed to
the officer who had Thaw in custody
before the board of inquiry took action.
Ii directed the official TO produce Thaw
Monday. BY the operation Of the immi-
grafton law Thaw passed from the pos
session OF the officer to where the writ
of habeas corpus had been directed. He
came. by operation of the law. into pos
session of other officials. There was no
court order and none to protect them.
No warrant for deportation"
New York asked that Thaw be sent
back TO that state instead of TO some
other point on the international bound
airy. Was that point considered before
action was taken?' he was asked.
Yes" replied Judge Doherty. 1T was
Considered and We found the law directs
tnat an undesirable be deported by the
route by which he entered the country
This II what We have done.
Attorneys here said that Thaw's coun-
sci blundered in falling to have the writs
directed TO the Canadian minister of JUS
,ice instead OF the minor officials.
Doherty was in conference for. sew
ersl hours yesterday with T. L. New
"ombe, deputy minister of Justice, and
Hon. Arthur Meighen solicitor gen.
.lal, on the legal aspect of the Thaw
that conference had a direct bearing
on Thaw's unexpected deportation this
morning
Plan of New York Fails.
NEW YORK. September 1o.-It was
learned here today that 1t was the plan
OF the New York state authorities to
bring Harry X. Thaw direct TO Mattea-
wan in the automobile which whisked
him away from the detention pen at
Coaticook this morning This plan en-
raced A continuous ride without stop
in Vermont, New Hampshire or anywhere
lleals-until Thaw should be safe within
the walls Of the hospital for the criminal
insane which has housed him for more
than five years.
In attempting 10 carry out this pro-
gram, the New York state officials are
maintaining toward Thaw an attitude
from which they have not deviated dur
ing the present proceedings-that OF
guardian and ward. They have con-
tended all along that their position to-
ward him is parallel TO that of an in
dividual guardian toward a minor. and
there Is nothing in state or international
laws to change this position.
II was the contention of Thaw's Gus
rodians that they had the right. as his
legal guardians. to bring him back te
New York without asking the permits
&sion of the authorities of any state
,roush which they might pass on their
Sag.
ASKS for Thaw's Arrest.
ALBANY, y. Y, September ~. cIins
30 ~.