| Show THAWS THAW'S CASE CAS T TAKEN INTO Fugitives Fugitive's Lawyers Get Writ of Habeas Habeas' Corpus as Emergency Emergency Emergency Emer Emer- gency Measure to Block Extradition Without Hearing MOTHER OF PRISONER APPEALS TO GOVERNOR Mrs Thaw Declares Her Son Has Been Denied Freedom Through Malice and Asks Fair and Impartial Inquiry C pOLEBROOK N. N H. H Sept 13 I The perpetually recurring writ of habeas corpus which has hns so often dotted the career of Harr Harry K IC Thaw since his incarceration in as the insane slayer of Stanford White cropped up again this s afternoon afternoon afternoon after after- noon in his fight to resist extradition from N New cw Hampshire 1 after his unexpected unexpected unexpected deportation from tho Dominion Dominion Domin Dornin- ion of Canada This time timo and for forthe forthe forthe the first time in the history of Thaws Thaw's efforts to regain his liberty the writ rit was issued by a federal court curt United States Judge Tn ge Aldrich in inthe inthe inthe the district of New v Hampshire granted tile application of three of tho the Thaw lawyers Martin Shurtleff and Olmstead and made it returnable returnable returnable return return- able at Littleton on Tuesday next William Travers vers' J Jerome eromo specially deputized to bring the fugitive ba back k to the asylum h heard ard the news with mth ill grace and characterized the tho move as one of bad faith There had been beena a gentleman's n agreement he he said aid that neither side was to make a court move mOTe pending the extradition hearing hearing hearing hear hear- ing before Governor Felker in Concord Concord Concord Con Con- cord ne next t week The lawyers awyers led b by Moses ose H. H Grossman Grossman Gross Oro- man asserted assorted the writ was one of expediency ex cx- and ha had been obtained to meet an emer emergency enc should hould tho the governor governor governor gover gover- nor refuse a full tull hearing on the ex extradition et cx- tradition mat matter er and sign signing Ins tho the re requisition requisition re- re warrant forthwith turn Thaw over to officers of or tho the state slate of or New York Thc They had reason to believe they added that a a. full rull hearing would bo ho accorded accorded ac aCt ac- ac corded the fugitive and In view of or this It was probable that the they would re- re Continued d on Page 2 Column 1 I 1 THA W CASE TAKEN i INTO U. U S. S COURT Fugitives Fugitive's Lawyers Get Writ v of Habeas Corpus for Use v in Emergency f 7 Continued From Page Pago 1 quest on Tuesday that the habeas corpus cor cor- pus hearing be continued coll Action Trifling With Uh Court It Seems seema to mc me said Mr r. r Jerome grimly that this Is trifling with the federal court I should hesitate to apply apply ap ap- ap- ap ply ph for a writ in such circumstances fr Judge AldrIch's says in part The petition of oC Harry K Thaw for lor a writ of ot habeas corpus under United Stoics States authority the fourteenth amendment to tho the constitution con con- of ot the tho United States which among other things declares that no state shall deprive any peron per- per Ion on of ot life Ute liberty or property without due process of ot law as ns yell ell ellas as other federal laws with reference reference reference refer refer- ence to the restraint of ot personal liberty While r reserving to federal authority tho exercise of all such ultimate power and the tho discharge of all such duty as os the constitution and laws of the United States contemplate con con- template in a n. situation like this and while whilo according to federal and state le interpretations state authorIty authority author author- It ity in respect to extradition re results results re- re suits primarily if Ir not altogether from federal law law it Is not intended that the issuance of ot the tho writ shall interfere at all for tor the tho present at least with such of the authorities of ot the state of or New l Hampshire I-hampshire as L may be called on to tu deal with problems involved in the propositIon proposition proposition tion of ot extradition Mother loth r Ap Appeal al to Go Governor Gornor Thaw spent a quiet day There was no court hearing here It has not been definitely decided when ho will be re removed removed removed re- re moved to Concord but ho will likely remain here hero until tho the governor sets a c. date for tor a Q hearing which ma may bo bt Wednesday of ot next week eek or later hater Tonight Tonight To Tu night the tho fugitive gave Sa out out a telegram which his mother Mrs Irs Mary Copley Cople Thaw sent from Montreal to Governor Felker He added that she would not c c como tho mo here at present in view vIe Of t the tho uncertain status of ot Affairs This Isher is isher isher her telegram To Ills His Excellency Governor Felker Felker Felker Fel- Fel ker I address your our excellency Inthe in inthe inthe the interests of ot m my ray spa son H. H K Th Thaw of ot the lib liberty Jib Jib- who i-ho ho after being deprived ert erty the average acquitted man would immediately have received after a n verdict of oC not guilty guilt upon the ground of the defendants defendant's in insanity insanity In- In sanity at the time of the commission commission commission commis commis- sion of ot the act charged under the indictment has for tor five tl and a half years ears endured untold hardships and indignities in one of ot New NewYork's NewYork's NewYork's Yorks York's worst penal institutions finally he hc took the only recourse left lett a flight for tor the freedom de- de through ugh malice J May I beg bog that your our excellency V wilt will secure to him in whatever fair and impartial way J proper a nearIng Clearing during the Impending pro pro- Yours very sincerely Jo MARY C. C THAW F Fear r Arm StronE Work ork Most ost jo t of the Canadians who followed and in tn their of t Thaw across the border sympathetic enthusiasm spoke openly PC of ot their desire to assist him In another br break ak for tor liberty Ubert had left Colebrook tonight and the talk of ot so famant rampant for tor a few te days died down con con- The Thaw lawyers In veiled remarks still contended that the they feared strong arm work on the part of ot the authorities from New Nework York ork and the guard about the fugitives fugitive's room waa maintained tonight as usual though h somewhat diminished Mr Grossman of ot the Thaw counsel in charge of oC the plans for tor resisting extradition cx- cx tradition issued tonight a statement outlining in a general way ay what wille will willbe be he e the gist of oC his arguments before the tho governor Conspiracy e n Subterfuge No Xo o man in the world he be said occupies oc a more position tod today to today to- to Thaw The They are endeavoring endeavoring en en- d day than Harry Harn to extradite under cover ofa of n n. n char charge p. p of ot crime a man who the they must admit cannot commit a crime for tor forthe forthe the purpose of ot recommitting him to a lunatic asylum where If he be sane ane he certain certainly should not bo be kept and which ven iVen though ho he be Insane Sane has no nl lg right to keep him Papers ha c arrived from New Nework ew York ork state charging charging- Thaw with ith the crime of Qt conspiring consPiring- to escape from an hll Insane ane asylum and at tho the same time alleging that he was properly confined In that asylum If IC he Were properly In tho asylum ho he could not be bo guilty of ot con con- sp ruc or of any other crime This whole conspiracy charge find and these extradition proceedings are arc merely merely mere mere- ly h a t subterfuge e In tho the attempt to mew Th Thaw w up for life UCe in a n. lunatic asylum Sheriff of ot Dutchess Dutche 9 count coun coun- t t. t ty New ew York In which is situated arrived ed In Colebrook tonight with the requisition warrant signed b by Voting Acting Governor Go Glynn Mr Jerome Inspected the papers to see that they were Wele letter perfect and will lay them them before the governor o carl early curly next week A petition to Governor Felker praying pray pray- In ing ng that he refu refuse e extradition in the Thaw case on tho the ground that Thaw had lad suffered enough h for tor his crime was circulated in Colebrook today Up to tonight ht it was said signatures had been obtained |
