Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-09-16
CAN'T EXTRAD|TE
THAW, SAYS U. S.
JUDGE TO JEROME
Opinion Is Expressed After Sus-
pending Hearing in Habeas
Proceedings.
FUGITIVE'S LAWYERS
EXULT OVER VICTORY
Hearing Before Governor FeIker
Is Now Adjourned to
September 25.


Harry X. Thaw, in the joint custody
of United States Marshal Mute and
the sheriff of Coos county. arrived
here today shortly before o'clock
for arraignment in the United States
District Court before Judge Aldrich
on writ of habeas corpus.
After hearing arguments the court
suspended proceedings. No date was
set for a future hearing. This was
victory for Thaw, since the New York
authorities were anxious to have the
writ quashed.
In an open discussion with Mr..
Jerome after announcing the sus-
pension of the hearing, Judge AID
rich said that search of the statutes
had failed to reveal to him any law
under which a man in Thaw's posi-
ton. q lunatic charged with a crime,
could be extradited. !.
The immediate question" said the
court, lis whether the proceedings
shall go on or be suspended. 1t is
the judgment OF the court that sus-
pension would not menace the inter-
estS of either side, and in view of the
fact that the governor hesitates to
proceed with the extradition hearing
until the status of this matter Is as
sured l suspend it. 1t is not ad-
Journed, but suspended, and / suggest
that either side notify me within six
days when they are prepared to go
on with it,
Thaw sat with his eyes riveted on
the court. His lawyers were grin
ming. He was remanded back to the
joint custody of Sheriff Drew, of
Coos county, who arrested him after
his recent deportation from Canada,
and United States Marshal Mute.
Counsel for both sides, after talk
ing with the governor by telephone,
agreed that the extradtion hearing
would not be held until Tuesday,
September 23. The lawyers then
went into conference to decide where
60 hold the fugitive meanwhile.
Crowds, packing Main street In
front of the court building, cheered
Thaw as he was driven to hotel for
dinner.
MIR. shurtieff, FOR Thaw, pointing
cut that the extradition hearing in
the Thaw case was to be held in the
near future. probably tomorrow,
ing be postponed. Jerome objected.
"There Is no Federal issue involved
here" he said. "I feel constrained
to say that this writ has been obtain
ed under circumstances which ap-
proach very near trifiing with the
court"
Here he introduced an affidavit by
Lindsay Dennison, a newspaper
writer. setting forth that Thaw'5
counsel had told him that the writ
had been obtained, not to bring about
the fugitive's freedom now, but to
safeguard him in the future against
sudden removal should extradition be
granted. This writ" he concluded,
"presents no serious question of law
or fact, but was obtained for no other
purpose than delay"
George F. Morris, one of Thaw's
New Hampshire lawyers, answered
Jerome. The application for the writ
was entirely regular, he said, while
the warrant on which New York
sought to get Thaw was mere SUD-
terfuge.
at is an honest endeavor on our
mart to get this matter before the
assurance that Brother Jerome would
not take Mr.. Thaw at once IL the ex-
tradition warrant were signed"
Marshal Mute and Sheriff Drew
were appointed to continue as GUS
todians of the fugitive, with instruc-
tions to let him confer freely with
counsel.
Marshal Mute announced this aft
ernoon that he would keep Thaw here
over night Thereafter his plans for
the prisoner were undecided.
Thaw remained in the smoking car
during the trip from Colebrook.
Crowds greeted him at every station.
Sitting by an open window, he made
il a point to lean out and talk with
the idlers.
A two-horse carriage conveyed
Thaw and his guards and lawyers to
the court building. The marshaIs
quarters were just off the judges
chambers Thaw was shut off from
interviewers and seemed glad to rest
after his journey
Opern Troupe Turns Out to See Him.
Perhaps 800 persons, including a
musical comedy company in town for
the night, swarmed around him at
the railroad station.
William T, Jerome went to hotel
for a conference with counsel.
The little courtroom began to fill
up shortly after 10 o'clock. The gen.
eral public was not admitted, but per-
haps 100 of the select, FRIENDS OF tne
coI,rt attendants and the like. man
aged to get in.
Outside the building crowd IN
which women predominated 1ammed
the street from curb to curb. Tney
old not get a glimpse of Thaw, for MS
quarters were in the rear or the
building.
Lawyers Then Troop in
Jerome came in a few minutes pe-
fore IL and then the Thaw lawyers
Moses II. Grossman and Il. ). Vor-
haus, of New York city; eX-GoNernoI
stone. of Pennsylvania. and Merriil
Shurtleff, of Colebrook.
Necks were craned and the women
leaned forward tensely when Ihaw
took his seat at the counsels tapie.
AT his right sat Sheriff Drew, at MS
left Mr.. Vorhaus. his "extradition eX-
pert.
The fugitive closed his eyes rested
his cheek on his hand and did not
give the spectators a glance A girl
with blue eyes, cheeks flushed, stood
on tip-toe for five minutes gazing
raptIy at the back of his head
Jerome sat almost opposite the pris-
oner. Judge Aldrich. in robes. took
his seat at 11:05.
All Leave for LittIeton.
COLEBROOK n. H., Sept. 16.--