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Show I I! FEDERAL JUDGE j SS :J Harry K. Thaw's Lawyers In-Wn In-Wn voke Fourteenth Amend-Ill Amend-Ill ment to Constitution and U Court Issues Rescript, jl MOTHER PLEADS FOR ! jl SON WITH GOVERNOR j Jerome Angry When He HJl Learns of Latest Develop-sjjfl Develop-sjjfl ments; Canadians Leave SB for Home. m LITTLETON, N. H., Sopt. 13. IIjJ The probable scope of the hearing if II y Judge AJdricli on tlio writ of ha- beas corpus calling for tlxo proctuc-tion proctuc-tion of Thaw In the United States ifl district court at Littleton nest ( Tuesday could not be learned from jm j the judgo at his homo here tonight. Ijjtt "Great questions are involved," ljf Bald the justice, "and it -would be ma, quite improper for me to discuss the fill matter in any "way. I shall havo to hear the parties and see what they Ma want." J COLEBROOK, IT. H., Sept. 13. The If 11 perpetually recurring writ of habeas corpus which has so often, dotted the mW career of Harry K. Thaw sine his ln- carceration in Matteawan as the in-jMJl in-jMJl sane slayer of Stanford White, cropped Hill UP a6an thin afternoon In Ms nght to ihI I' reBB extradition from New Hampshire liwif' acr his unexpected deportation from Mlj tho dominion of Canada. This time, fiyUj and for the first time in the history of III f Thaw's efforts to regain his liberty, f, the writ was issued by a federal court. wjj. United States Judgo Aldrich in the district of New Hampshire granted tho twm' application of three of the Thaw law-Pfinf law-Pfinf -'er8J Martin, ShurtlofC and Olmstead, H an ma it returnable at Littleton on Tuesday next. ' Reason for Writ. .Judge Aid rich's rescript says in part: J "The petition of Harry K. Thaw for a writ of habeas corpus undor United a . States authority invokes the fourteenth ! amendment to tho constitution of the ; United States which, among othor j i things declares that no state shall do-j do-j privc any person of life, liberty or prop-; prop-; erty without due process of law, as ; well as other fodoral laws with refer-I refer-I cuoo lo the restraint of personal lib- erty. Reserves Authority. i "While reserving to federal author-! author-! ity ilio c.verciee of all Buch ultimate power and the discharge of all such duly as the constitution and laws of I tho United States contemplate In a sit-Jj sit-Jj uation lilio this, and while according i lo federal and state interpretations, fctate authority in respect to extradition ' results primarily if not altogether from ; federal law, it is not intended that the j issuance o tho writ shall interfere at fRj 8 ji all, for the present at least, with such 1m! of the authorities of tho state of New taj. Hampshire as may bo called on to deal IS Tvith problems involved in the proposi- ; tlon of extradition." raj: J William Travcra Jerome, specially fflift. ; deputized to bring the fugitive Ijack to Wr 1 the asylum, heard the news with ill fflifl grace and characterized the move as tffl:l one of bad faith. There had been a It I gentleman's agreement, he said, that ;'f j neither side was to make a court movo 1 pending tho extradition hearing before ' j Governor Pelker in Concord next week. , j Matter of Expediency. I 1 The Thaw lawyers, led by Moses H. f 1 Grossman, asserted the writ was one of i expediency and had boon obtained to $! j meet an emergency should the governor j refuse a full hearing on the extradition TO matter and signing tho requisition war-i war-i Tant forthwith turning Thaw over to '? fficers of the state of rTew York, Thev !" .j lad reason to believe now, they added, l J! ;bat a full hearing would be accorded riS 5 the fugitive and in view of this it was Hl$ iu Pr0a' kat Ue7 would request on ij Tuesday that tho habeas corpus hear-ffiyk hear-ffiyk h ing bo "continued. jsii'M 7'3t seems to mo," said Mr. Jerome I I grimly, "that this is trifling with the federal court. I Bhould hesitate to apply ap-ply for a writ in such circumstances.'' Thaw spent a very quiet day. There was no court hearing hero. It has not been definitely decided when he will be removed to Concord, but he will likely remain here until the governor sets a dale for a hearing, which may be Wednesday Wed-nesday of noxt week or later. Mother's Telegram. Tonight tho fugitive gave out a tel-( tel-( ogram which his mother, Mrs. Mary i Copley Thaw, sent from Montreal to (lovernor Felker. He added that she uould not come hero at present in view of tbo uncertain status of affairs. This '. her telegram: To Ills. Excellency, Governor Felker, fter being deprived of tho liberty the average, acquitted man would Immediately have received after a verdict of "not guilty upon the ground of the defendant's Insanity at the i time of the commission of the act ! charged under the Indictment" Ho ' lias for flvs and a half years endured untold hardships and indignities In one of New York's worst, ponal ln-rj ln-rj Btltutlona. Finally lie took the only I recourse left, a flight for tho freedom free-dom denied through malice. ?.Iay 1 beS tlt your excellency , 'j will Hecure to him, In whatever way 1 Proper, a fair and Impartial hear- lng during the Impending proceedings. proceed-ings. Tours very sincerely, MARY C. THAW. Most of the Canadians who followed Thaw across the border and in their sympathetic enthusiasm spoke openly of tnoir dosiro to assist him In another I address your excellency In the Interest In-terest of my son, H. K. Thaw, who break for liberty had loft Colebrook tonight and the talk of kidnapping, so rampant for a few days, died down considerably. con-siderably. Tho Thaw lawyers in veiled remarks still contended that they feared "strong-arm" work on the part of the authorities from New York and the guard about, the fugitive's room was maintained tonight as usual though" somewhat diminished. Mr. Grossman of tho Thaw counsel, in chargo of tho plans for resisting extradition, issued tonight a Btatemept outlining in a general way what will bo the gist of his arguments bofore the governor. "No man in tho world," ho Bald, "occupies a moro anamalous position toda3r than Harry Thaw. Dissects Charges. "They are endeavoring to extradito undor cover ot.a charge of crimo a man who they must admit cannot; commit com-mit a crime', for tho purpose of recommitting re-committing him to a lunatic asylum where, if ho bo sane, ho certainly should not be kept and which even though he bo insane, has no legal right to keep him. "Papers have arrived from New Tork Btate charging Thaw with the crime of conspiring to escape from an insane asylum, and at the samo tlmo alleging that he was properly confined in that asylum. Tf he wero properly In the aBylum he could not be guilty of conspiracy or of any other crime. "This whole conspiracy charge and theBo extradition proceedings are merolv a subterfuge in tho attempt to sew Thaw up for life in a lunatic asylum." Sheriff Hornbcck of Duchess county, New York, in which Matteawan is situated, sit-uated, arrived in Colebrook tonight with the requisition warrant signed by Acting Governor Glynn. Mr. Jerome inspected the papers to see thnt they wore letter perfect and will lay them before the governor early next week. A petition to Governor Felker praying pray-ing that ho rofuso extradition in the Thaw case on the ground that Thaw had suffered onousrh for his crimo was circulated In Colebrook today. Up to tonight, It was said, 105 signatures had been obtained. Has Made No Plans. ' ROCHESTER. N. n., Sept. 13. Gov-emor Gov-emor Samuel D. Felker at his home hero tonight said that ho did not know what effect, if any, tho granting of an application for a writ of habeas corpus cor-pus in the United States district court today would have in the extradition proceedincs in the Thaw case. "As a matter of fact." said the ao-ernor, ao-ernor, "T havo made no plans, Anv hearintr that T may hold in the affair will lake place later than Tuesday. It will be Wednesday at the earliest." Governor Felker said that the business busi-ness had not reached him as vet. "Officially." "Of-ficially." ho said, "T don't know thnt Mr. Thaw is in our slate, except for tho requests of counsel that he be given a hearing." Tho governor said he had not re reived n leletrram from Mm. Thaw but ' added that it might be on his desk at t Concord. |
