The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-08-30
IHAWS bAD UAY
Superior Court Grants a Writ
of Habeas Corpus
At Instance OF Jerome, Re-
turnabIe Next Tuesday.
MOVE is CLEVERLY PLANNED
While the Fugitive's Chief
Counsel Is i'm Montreal.
GreenShields Hires n Special.
but Arrives Too Late.

Sherbrooke. Aug. 30.-Harry X.
Thaw will be produced in court here
again on Tuesday morning next on
writ of habeas corpus obtained today
in behalf of Chief of Police Boudeneau
of Coaticook, who arrested him after
his flight from Matteawan.
Superior Judge Hutchinson granted
the writ on the application of Samuel
Jacobs chief counsel for the New
York interests. 1t was an eleventh
hour move taken to defeat Thaw's
lawyers, who have succeeded in keep
ing him in Jail, safe from the immigra-
tiOn authorities. Those of the ThaW
lawyers who were in town, Charles D.
White and Harry Faser, bitterly OPP
posed the application. but Judge
Hutchinson said he would thrash the
matter out in open court at 10 a. m
Tuesday.
AA4~ was ignorant of today's de-
velopments. His lawyers even did not
learn of it until a report of the con-
contem plated move sent out last night
was teIegraphed back from Montreal
His chief lawyer r. y. Cireenshie1ds,
imm ediately chartered a special train
at Montreal in the nope of checking
the proceedings. The writ had been
issued however. before his arrival.
Boudreau asked for the writ on the
ground that as the original captor of
Thaw. he might be liable to damages
should Thaws arrest prove illegal
Jerome. who worked out this latest
act was jubilant. He hopes that the
writ will be sustained and that on
Tuesday Thaw will be in the hands of
the department of immigration for
department to Vermont
Boudreau's petition recites that the
petitioner arrested Thaw on a warrant
issued by Justice of the Peace Dupufs
of Coaticook; that Thaw was erro-
neOusly committed to Jail at Sher-
brooke without any form of prelini-
nary inquiry, and that as the petitioner
has a great interest in theh matter he
prays that Thaw be set at liberty in
order to redress any wrong that your
petitioner has done said Harry K.
Thaw''
He therefore asks that Thaw be pro-
duced in court and freed unless cause
can be shown for his detention
All Come Trooping Back.
Sherbrooke, Que, Aug. 30.-Immi-
grafton officers who had left Sher-
brooke yesterday came troOping back
to town early today on the strength
of a report that counsel representing
the state of New York had set on foot
a movement TO get Harry K Thaw in
court today a writ of habeas
corpus, thus taking a step his own
counsel had abandoned on Wednesday
after a court battle.
AS Thaw is locked in the SherbroOke
Jail on an admittedly faulty commit
ment. those seeking his deportation
hoped to obtain a writ from Superior
Judge Hutchinson.
William Travers Jerome. comman-
der-in-chief of the New York forces
here, was up early comforting with
Samuel Jacobs, the Montreal attorney
the state. It was Mr..
Jacobs who was ruled out of court by
superior Judge Globensky and it was
Mr.. Jacobs. returning to Montreal last
night who was informed by telegraph
of Judge Hutchinsons return He
small station near Sherbrooke, and re-
turning here by automobile laid his
plain before Jerome and Deputy At
torney General Franklin Kennedy.
Mr.. Jerome would neither affirm
nor deny that Thaw was to figure in
another habeas corpus proceedings,
nor would Mr.. Jacobs discuss the mat
lief that their client would be safe in
Jail after their move of Withdrawing
their own habeas corpus writ. retired
early ignorant of the reported new
move to get him in court today.
Thaw himself, in his cell in the
Jail, knew nothing of it.
Mr. Jerome, while refusing to dis
cuss what move, if any, New York
state would make today, explained
that it was the privilege of any one to
apply for a writ of habeas corpus in
behalf and such action in
the Thaw matter would in his opinion
be entirely legal
the immigration authorities
could az least get their hands on the |
fugitive, and he would be |
deported to Vermont There would |
begin the fight for his eXtradition |
from Vermont to New York.