Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-08-27
State Ruled Out of Court in
Dramatic Preliminary Skir-
miSh at SherbroOke.
CROWD CHEERS WILDLY:
PRISONER, RISING, BOWS
Hearing on Motion to Discontinue
Habeas Corpus Writ Continued
Till This Afternoon.

SHERBROOKE Quebec. August IL
New York state was ruled out OF court
| mere today in dramatic preliminary
skirmish with lawyers for Harry *.
Ihaw, the Matteawan fugitive lighting
deportation.
Superior Judge Giobensky. hearing ar
suments or Thaws counsel on a motion
to discontinue a writ of habeas corpus.
absolutely refused to entertain the OBJ
jections OF Hector Verret. representing
New York This was greeted with a wild
| outburst Of cheering by thousand Cana
dian spectators. Thaw, rising. bowed
in acknowledgment
"Hooray for the British flag. Hooray
for Harry Thaw." shrieked men and
women. standing on chairs, waving hand
kerchiefs, parasols and hats
Thaw Bows Acknowledgement.
Thaw bowed three times like a stage
star taking curtain call before a SYM
palmetto audience. His cheeks were
flushed, his big brown eyes shone, but
he maintained his composure
During the scene In the courtroom men
and women struggling forward over
chairs and benches to shake his hand
swept aside court attendants and uni
Formed Dominion police and swarmed
| up to the judges bench. But Thaw elud-
ed them and slipped into anteroom
| used as press headquarters
Ten minutes later he was on his way
back to the Sherbrooke jail A great
crowd on the courthouse steps cheersd
| again as he descended.
| Arguments in the matter of discontinu-
| ing the habeas corpus writ were put over
| till o'clock this afternoon, there being
some doubt In the courts mind as 70
! whether counsel for Thaw purposed 10
proceed under the civil or criminal code.
Jerome Defeated Second Time.
/ Defeated in their first court skirmish
the New York forces. though counsel,
| endeayored this afternoon to parsuau.
| Magistrate Dupuis of coaticook, VINO
originally held Thaw. TO hold court ana
consider motions to quash the charge On
I which Thaw is held
i This would bring Thaw within the
| grasp or immigration authorities Du-
pufs declined and would not counteu-
ance another magistrate sitting in his
| place.
1 Long before the resumption of ths
| afternoon session of the superior
| court, set for o'clock every seat IN
| the courtroom was filled and many per-
Jerome Silent on Demonstration.
When the New Workers. and their
Canadian lawyers got back their
1 breath, they assembled in their ho-
1 tel. Mr.. Jerome called reporters aside
and dictated this statement:
We, who represent here the state OF
New York. are entirely unwilling to
| comment on the scene that occurred
I m 1aaQf
| The relations between the bar of the
| United States and the courts of the
| Dominion of Canada are most friendly
| and cordial, and we realize keenly the
/ sense of humiliation experienced b.
our brethren in Canada who are as
| Slsting U.S. Mr.. jacobs, who is asso-
| ciated with US, is present and we would
prefer not to Sas anything with ref
erence to the occurrence OIL the morn
ing"
| Mr.. Jerome turned toward Mr.. jacobs
and the latter said:
There is nothing / can say. l will
say, though. that this is the first in
stance to my knowledge where sucn
an outburst in any of our courts WIS
not followed by the Immediate clear
ing of the court.
Lawyers Get Little Sleep.
After an almost sleepless night. dur
ing which attack and counter attack
were discussed by the leaders, the op
posing forces in the case of Harry Is.
Thaw. held in the Sherbrooke Jail as
q fugitive from Matteawan. were in bat
tie array this morning prepared for
struggle to determine whether Stanford
Whites slayer shall remain In his cell
indefinitely or be arraigned in court.
freed of the charge on which he is held
and turned over to the immigra ton au-
thorities To be sent TO Vermont.
Thaw's lawyers. having served notice
late yesterday that they had given
notice Withdrawing the habeas corpus
writ which Thaw was to come in
court today. maintained that this in
sured his detention in Jail until such
time as he saw hit to elect trial on
the charge of being fugitive, either
before a magistrate or before the king
bench. criminal side. in October In
Withdrawing the writ, they contended
that they were well within their legal
rights.
This was the situation early this morn
ing when Franklin Kennedy deputy at
torney general Of New York, hurrying
here after a trip TO Ottawa, where he
conferred with the Dominion department
of the interior with reference to Thaw's
deportation announced that Canadian
counsel, acting through the crown prose-
cutor, would seek to force Thaw into
court today. He maintained. moreover.
that the move of ThaW's lawyers to
|
regular and would at least have to be
sanctioned by Superior Judge Arthur
Globensky. who granted 1t last week.
Judge Globensky reached here during
the night from Montreal. and ii was
pected that Thaw's lawyers would CON
suit hin, about the writ as soon as he
came in his chambers.
Thaw's Chief Lawyer Indignant.
w. c. Mckeown, Thaw's chief Domin-
ion lawyer. was indignant at the attitude
of the New York state forces in their
declaration that they would practically
drag Thaw into court today.
That might go in Duchess county.
New York." he said. but not in the
district of St Francis. Quebec They
might as well boast that they were go
ing to batter down the Jail doors and
carry OFF Thaw by force. 1t is ridicu-
Ious. There must be some dignity about
our court procedure. The state of New
York cannot jump in and run things to
suit itself at a moments notice.
I'VE have precedent in our desire and
right to withdraw the writ of habess
corpus IL we choose to let our client
atay in tail, it is our affair. Getting him
out is their trouble. The bungling COM
mitment on which he y held epsQiosaIp9