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The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, August 31, 1913, Image 1

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THE BIRMINGHAM AGE-HERALD |
" ----—-" ' - ( -- -- • : j _' __
VOLUME XXXXIII 0 BIRMINGHAM, ALABAMA, SUNDAY, AUGUST 31, 19M 50 PAGES (IN FIVE PARTS! NUMBER Ilf
WAITING POLICY IN
REGARD TO MEXICO
IS ADOPTED BY U. S.
. .. I
President Wilson and Secre
tary Bryan Allowing
Situation to Take
Its Course
MESSAGE RECEIVED
FROM JOHN LIND
ADDS ASSURANCES
Envoy Has No Thought of Returning
to U. S. at This JTime—Keeping
in Active Touch With the
Huerta Administration
Washington. August 30.—With Pres
ident Wilson at the summer capital in
Cornish, N. JL, Secretary of State Bry
an lecturing in Pennsylvania and Mary
land, and the secretary to the President,
Mr. Tumulty, spending the week-end in
New Jersey, the wailing policy of this
government in the Mexican situation
became more emphasized today.
Before Secretary Bryan and Mr.
Tumulty left Washington early in the
day. messages were received from John
Lind, the special American envoy at
Vera Cruz, which added assurances to
the already coniident attitude of the
administration. Secretary Bryan as
serted nothing had been involved .o
cause any discouragement.
Appeal Explained
Mr. Lind, it was authoritatively
stated, had no thought of returning 10
the United States at this time and was
ready to proceed again to Mexico City
at a moments notice. It was fiic gen
eral opinion, however, that he would
remain at Vera Cruz for some time,
Keeping in touch, through Charge
O'Sluiughnessy of the American em
bassy in Mexico City, with the actual
condition of the Huerta provisional
government and aiding American citi
zens who desired to return to this
country. /
President Wilson’s urgent appeal to
Americans in Mexico to leave the coun
try was declared to have been determ
ined *n>on after wise counsel, riot alone
because of the present situation In
Mexico, but because of conditions
which might develop in spite of the
efforts of the provisional government
to prevent any harm coming lo foi
cigners.
It was recalled that President Wil
son, in tils message to Congress
Wednesday, laid spioLl • molia-is on
i tie suggestion ’ thtH the actual situ- -
tion of the authorities at Mexico City
will presently he revealed” and (hat
“the situation must be given a little
more time to work itself out in the
new circumstances.'’ That the adminis
tration is content to give the situation
plenty of time to work itself out is
demonstrated by the present attitude
of the President and his advisers and
is regarded as one of tlie explanations
for special Knvoy Lind remaining in
Vera Cruz. Under no circumstances it
was learned would Mr. Lind leave Mex
ico at tills time. Not only would bis
departure be an indication that tTus
government had abandoned hope in the
situation, but it is thought It ffrouhl
have a depressing effect upon Ameri
cans who chose to remain in the coun
try.
Financial i m i ic in lies
The provisional Mexican government,
it has been pointed out, is encountering
financial difficulties and there have
been intimation that there might bb a
change in the government personnel
which would open the way to nego
tiations upon a definite basis that would
load to an election for the Mexican
presidency under constitutional! regu
lation. Washington officials seem to be
convinced that Senor Clamboa’s second
note gave assurance that Huerta would
not be a candidate for election under
any circumstances. With Huerta re
moved from the possibilities, it has been
suggested, this government could make
concessions with strict adherence to the
fundamental grounds of the original
proposals to the de facto Mexican gov
ernment. Rut until some such develop
ment the administration has grounds
for the belief that there is danger to
Americans remaining in Mexico because
of the straits in which the provisional
government finds itself. A discontented
army, It has been suggested, might be
come uncontrollable.
Secretary Bryan, before he left Wash
ington for the day, did not discuss the
protest which came from Mexico City
against the President’s advice to Amer
icans to leave the city.
Order Missionaries Flome
Nashville, August 30. In line with
President Wilson's recent special mes
sage the mission, hoard of the Southern
Methodist church has ordered its mis
sionaries out of Mexico today. Tele
grams to this effect have been sent to
the six missionary centers centered
there now on a peace established foot
ing having a membership of 46, but at
present only 25 are in the field, recently
reduced. A number of these have re
plied asking to be allowed to remain.
No action has been taken on such
requests. The Southern Presbyterian
board has not yet issued its orders.
(Continued on Page Ten)
AMERICAN COLONY
RESENTS WARNING
TO LEAVE MEXICO
President’s Action Unwar
ranted and Due to Sim
ple Ignorance, Is
Charge
New York, August 30. - President
Wilson's recommendation that Amer
ican residents of Mexico leave the coun
try is resented by the American col
ony In Mexico City. Few Americans In
tend to leave. If they do Ieas'e tliei;
welfare and financial interests would
he prejudiced seriously. The President's
action was unwarranted and due to
simple ignorance of what is actually
transpiring in Mexico.
The foregoing summarizes the con
tents of various telegrams of protest
received in the cit3* yesterda3' and to
day from Mexico Cit3\
Honor Hebastian Camacho, president
of the Mexican Senate, and one of Mex
ico's elder statesmen, telegraphed to
•lames Scrymscf, president of the Mox
iean Telegraph company, saying the
American colony is satisfied and tran
quil," nnd requested him to call-Pres
ident Wilson's attention “to the tre- (
mendous damages which would result
from his determination* for which, in
all loyalty, l state there is no reason."
Advices From Butler
The Methodist Episcopal board of fur
• igri missions received advices from L>r
John \V. Butler, superintendent of its
mission in Mexico City, sa>'ing:
“The Washl >*)»n instructions* for an
American exodus are much resented by
the American colony; that the leason-;
given for it appear Inadequate, and tha'
the missionaries here objected to leav
ing."
In view of this protest the Methodise
board, tlie Presbyterian board and tnosc
of other denominations have declined
to advise their missionaries *o leave
the country, 1 ecommcndlng only tnat
the children and women be recalled 1 j
places of safety.
The Mexican Telegraph company re
cefved a telegram from its superintend
ent in Mexico City, Charles JO. Cum
mings, saying that there was a. strong
reaction from the first scare caused
by President Wilson’s command to
leave Mexico, and that in HJ-e opinion c
very small proportion •of- tlh» American I
ciiliiiiv t.'iiuif] ri*-..
Glynn Charges Sulzer Made
Overtures to Tammany
Leaders
Albany, X. Y.. August SO.—Double
dealing was imputed to Governor Sui
zer In bis direct primary campaign by
Acting Governor Martin H. Glynn io
day. Mr. Gl.vnn declared that j\i>t prior
to the opening of his direct primary
campaign Governor Sulzer requested
him to convey privately to Charms K.
Murphy, leader of Tammany i sill, th*
assurance tliat “he must not pay any
attention to what Mr. Sulzer might say
on the slum regarding direct primaries"
as what he would say on the stump
would be what lie considered to be
good for himself and the party.
Mr. Glynn said that he was further
requested by Mr. Sulzer to “assuie Mr.
Murphy that when the campaign was
over Governor Sulzer and Mr. Murphy
could get together and fix ma.ters up
to their mutual satisfaction."
This happened, Mr. Glynn explained.
Just before Mr. Sulzer made his nrsi.
speech on direct primaries. Mr. Glynn
said “he positively refused to lake any i
such message or to have anything to
do with the matter.”
According to the acting governor this
Is the “only time that Mr. Murphy’s
name was ever mentioned in an inter- j
'lew between Mr. Sulzer and Mr.
Glynn.’’
Bluejackets Fight Blaze
Queenstown. Ire., August 30.—Five hun
dred bluejackets and firemen fought a
blaze tliat attacked the British 'naval
stores in Cork harbor today. Before the
(Ire was controlled in the originating
house a block was destroyed.
Prepared to Negotiate
Constantinople, August 30.—Turkey was
officially informed today that Bulgaria
wus officially prepared to send plenipoten
tiaries to negotiate over all questions in
dispute now.
Porter Charlton Lands on
Italian Soil To Stand Trial
Strict Measures of Precau
tion Adopted to Guard the
Prisoner—Crowds Gather
But Are Dispersed
Genoa, August' 30.—Porter Charlton,
under escort of Lieutenant Franchini and
Carabineer Rizzo of the Italian military
police, was brought ashore here today
from the steamship Re D’Italia. After a
few hours in prison he was hurried to
Como, where he is to stand trial for the
murder of his wife three years ago.
The strictest measures of precaution
Were adopted to guard Charlton by a
fetrategem, the newspaper correspondents
and photographers were prevented
from approaching him. The head of the
police invited the newspaper men aboard
his launch. The invitation was eagerly
accepted in the belief that this would be
a good means to reach the prisoner. The
launch set out for the Re DTtalia, but
suddenly stopped in midstream. All pro
tests were unavailing, even when some
of the American reporters threatened to
take up the matter with the American
authorities.
Charlton appeared upon the gangway
supported by either side by Franchin.i
and Rizzo. He was handcuffed for the
first time, but tried to conceal the fact
by the use of a waterproof folded over
his hands.
Instead of the Marassi prison, where a
great crowd had gathered, he was tak. n
to the barracks of the Carabineers. The
crowd then rushed to the barracks, but
the gates were closed and guarded. After
a short interrogation by the captain of
Carabineers, Charlton was put on the
7:45 train for Como. Francbina and Ris
ao still acted aa his guard.
IS THIS MONSTER IN OUR MIDST?
(/f AN'T PAY THEV
/70 m. Son. &<■> ' "\
\Cutso yoo'iL m/we /
•^ViiierAY HOMt ^
SENATE COMPLETES
THE FIRST READING
OF NEW TARIFF BILL
Leaders Agree That Pas
sage of Measure Is Now
in View—Breathe
Sigh of Relief
Washington. August 30.—The Senate
heaved a sigh of relief tonight, when
just before adjournment, it completed
the first reading of the new tariff bill.
Although many of the most important
new features of the measure remain to
be settled. Senate leaders agreed that the
disposal of the first reading of bill had
brought the passage of the measure within
view and that another week may witness
its completion and passage.
The rates of the new income tax; the j
proposed tax on cot top futures; many
provisions of the administrative features
of the law; the suggested tax rebate of
5 per cent for imports brought in Amer
ican ships; and many other sections of
the measure that will occasion debate
were put over without action, and will
he taken up again next week. Senator
Norris announced that before the bill was
completed, he would propose an amend
ment directed at the Brazilian coffee j
monopoly giving the President authority
to !e\y a li5 per cent duty on a product !
controlled through monopoly or con
spiracy Jri another country.
.mbj vuiiiiiiuc kiraoiuua
Democratic members of tlie finance i
committee met again tonight and may j
continue their sessions tomorrow, to go
over the sections laid aside by the Sen- |
ate In its several weeks of work on the
bill. It was expected tonight that the |
democratic senators would be called Into
a party conference Monday or Tuesday,
to adjust all differences over the bill, In
cluding the question of the income tax
on large incomes.
The Senate today made a number of
important changes in tlie bill. The* pro
posal of The democrats, to give circuit
courts of appeal equal Jurisdiction with
the United States customs court, was
withdrawn by Senator Williams In behalf
of the democratic committee members. He
said the committee had decided iK would
be better to leave the final judgment in
customs cases entirely to the customs
court.
Just before -adjourrmerit Senator Poin
dexter offered an amendment for a tariff
committee of ttve persons who would
serve for 15 years and receive salaries of
$15,000 per year. They would lie remov
able by a majority vote of Congress. T*he
amendment which represents the views
of the progressive party will be taken up
Monday.
Provision Adopted
The Senate adopted a provision prohib
iting importation of goods made by con
vict labor, or "principally by children
under 14 years of age." Senator Borah,
lepublican, who had been instrumental in
having the child labor question consid
ered as part of the bill, declared the
amendment, as it had been drawn, did
not meet the needs of the situation. The
wording of the provision, he said, would
admit goods made by child labor, because
it would be difficult to show they had
been made "principally by children under
14 years of age."
The provisions giving the President
power to establish retaliatory duties muc h
higher than the usual tariff rates against
certain Imports from countries that might
discriminate against the United States
were adopted after several fruitless at
tempts by the republicans to amend them
by increasing the list of articles upon
which extra duties could be levied.
Senator McCumber endeavored to have
agricultural products included in the list,
but his amendment was rejected.
Disregards Warning
Colorado Springs. August 30.—Leonard
i E. Curtis, president of a light and power
! plant at Guanajuato. Mex., announced to
j day the company would continue to op
erate despite the warning of President
| Wilson to have its employes leave the
country. - . - - - -. ^
BROOKLYN GIRL ASKS
PRESIDENT S PERMIT
TO DRESS AS A MAN
“If I Can Appear as a Man, I Shall
Be Better Paid,” Writes Mas
querader From Jail in
Brooklyn
Newr York. August 30— From a jail cell
today, Elizabeth Trondle, a Brooklyn girl,
appealed by letter, to President Wilson
to issue her a permit to dress as a man.
"If I can appear as a man and do a
man's work, I shall be more -espected
and belter paid," she wrote. "It's no
crlmr* for a female to wen? male attire,
yet i am locked h*> ir jail because I
did so."
M|s» Trondle. arrested for masquerad
ing as a man, had been working‘in male
attire at a book bindery. She 1 Claimed
that because of iter drese she received
far better wages than a woman. She
refused to promise to dress like a woman
hereafter.
JUMPS TO SAFETY
FROM PRISON WINDOW
Prisoner With Broken Leg Leaps
From Window Into Waiting
Auto and Escapes
Minneapolis, Minn.. August 30.—Eugene
Calendar, an alleged boy burglar, con
fined in the criminal hospital of the city
ward here, today escaped by jumping
from a window into an automobile with
a broken leg. The car bad just rushed
up and took him to safety. Calendar’s
Injury was received in a previous at
tempt to escape.
SUIN SPOTS ArTTiCThiO
BY COMETS, SAYS ORTA!
California Scientist Declares Activity
of Sun Phenomena Intimately Re
lated to Proximity of Comets
San Jose, C*al.. August 30.-— Prof. A.;
Orta of the observatory of the Univer
sity of Santa Clara, today announced1
that he had discovered that the activity
of the sun in phenomena known as sup
spots is intimately related to the prox-,
imity of comets.
He said that during a period of 164
years to date there have been 238 comets
< their return included), which apparently
have influenced the action of the sun,
having their parlhelia coincidentally with
the minima of spot frequency.
$125,000 Fire
Creston. Ia., August 30.—Fire believed
to have started from a spark of a pass
ing engine caused a loss of $125,000 here
today. For more thun an hour it threat
ened the residence section. The blaze
started In an ice house and spread to a
poultry, butter and egg house, which it
completely destroyed.
...
TODAY’S AGE-HERALD
1— United States adopts a waiting policy.
First reading of tariff bill completed.
Nine kii.ed when boiler explodes.
American refugees tel! of outrages.
Jerome turns tide against Thaw.
2— Fued cases again in limelight.
3— 1,390,600 . ales Is Alaoama’s estimate.
4— Alabama's political situation.
5— City waterworks plant condemned.
Court floors to be added to Tutwiler.
Negro to resist being taken back to
Florida.
Poultry dealers to be represented at
fair.
6— Why Biirmingham should have au
ditorium.
7— Ful'aula Templars will organise.
8— Reckless driving causing much dis
cussion.
9— Improvement noted in stock market.
JO—Week in politics around capital dull.
11—Real estate men to be Invited here!
13— Alabama senators during past 94 veais
14- 15-16-17—Sports.
21— Melrose declares love Is taking back
seat in novels.
22— Lay cornerstone of addition to Hill
man hospital.
23— Yarns of the Court House Gang.
24— Italian kings will give away palaces.
25— Story of a successful farm.
26— 30—Society. '
27— The heavens in September.
28— 29— Editorial comment.
32— Common sense in the home.
33— Correct clothes for college.
34— Dolly’s dialogues.
35— Suffragettes want right to be sent to
guillotine.
36— The young people.
37— Markets.
3R— Automobile gossip.
29— 46—Magazine section.
42-tt-nuomic Motion. * 4
NINE KILLED AND
SIX INJURED IN
Towboat Sunk and Crew
Killed When the Boilers
Burst—Two of The
Dead Found
Pittsburg, August 30.—Nine persons los
their lives and six were injured whet
the boilers of the towboat Alice exploder
at an early hour today. Two of th«
dead have been found and efforts ar<
being made to recover the bodies of tin
remainder.
Late today the body of Mrs. Kate Mills
stewardess, was found floating near tin
dam at Coraopolls, Pa., where the ac
cident occurred. A diver recovered thf
body of Grant McCormick, fireman.
Others who lost their lives were:
Capt. Thomas Flaherty, senior officer
Pittsburg.
Capt. Harry Donaldson, pilot. Rice’!
Landing, Pa.
Harry Mayse, first mater, Midland. Pa
Robert Davids, chief engineer, Knox
ville, Pa.
Perry Robbins, fireman, Elizabeth, Pa.
Cyrus Gilmer, watchman, Elizabeth, Pa
Joseph Mills, son or the stewardess.
The injured were taken to tho ma
vine hospital here. They are reported t<
be Improving and it 1s thought the!;
condition Is not serious.
The towboat Alice was proceeding uj
the Ohio river with a tow oi six fiat;
loaded with sand and gravel and bad Jus
left Lock No. 2 near Coraopolis whei
tlie explosion occurred. Owners of tin
boat expect to have the wrecked craf
floated if all the bodies nro not hooi
recovered.
FELIX DIAZ TO RIJN
FOR PRESIDENCY
Leader of Recent Revolution An
nounccs Intention of Seeking
Highest Office in Mexico
Ixindon. August 30.—"1 am now definite
ly a candidate for the office of Preslden
of Mexico." General Felix Diaz, who re
cently arrived here from Canada, tol
the Associated Press representative to
day.
"My friends In Mexico' are worltlni
In my behalf." continued General Dhu
'"but unfortunately at this distance 1 my
sell am unable to do much. 1 am await
Ing instructions which may simplify mat
ters. Bven If I am ordered to procee
to Japan, It Is not certain that 1 shall g
there.
"My action will depend upon develop
ments In Mexico."
Felix Diaz apparently is pleased wit
the course of events In Mexico. He sal
the contention that Vtetoriano Huerta'
candidacy for the presidency was barre
by the Mexican constitution was quit
correct. He declared the fact that h
was still an official repiesentatlve of th
Mexican government debarred him froi
discussing President Wilson's message u
the Mexican replies.
I
FRITZI SCHIFF
IN BANKRUPTCY
New York, August 30.—Frits! .Schlff o
(footlights renown, vpluntaril.v presented i
petition in bankruptcy today. .She owe
j $150,01)0. Her assets, including real estat<
at Rig Stone (Jap, Va., home of her for
! mer husband, .John Fox.. Jr., are llstei
at $75,000.
Imperator Sails
New' York. August 30. —With few tface
remaining of the fire which damaged it
hold last Thursday forenoon, the steam
ship Imperator sailed on scheduled Urn
today with cabins well filled.
AMERICAN REFUGEES
TEELffi OUTRAGESAT
\
I
iteach New Orleans on City i
! of Tampico in Pitiable
Plight
GLAD TO ESCAPE
MEXICO WITH LIVES
'Tell of Visits of Rebel Soldiers and i
i Outrages Practiced—All Prop
erty of Value Is
Confiscated
New Orleans, August 30.—After having:
lost everything they owned and g’^ad to
escape with their lives, several American
refugees from Mexico arrived here lote
today. On the City of Tampico, arrivi v
from Vera Crus, won* 23 Americana, maivV
of whom came from the interior and had
nothing hut the clothes they wore. They
said their passage was arranged for by
the American government, and here they
expected to be taken care of for a time
with state department funds. That, how
ever, was not forthcoming, and tonight at
least eight of the party, including one
woman, waited on the dock until John I.
Gannon personally took charge of them.
Mr. Gannon, president of the Hibernia
Trust company, has charge of the Red
Cross funds in New Orleans. Some time
ago he was instructed, he said, to take
rare of any America,! refugees that might
arrive from Mexico. He understood lie
was acting as agent for the state de
partment, and that the Red Cross was to
do the detail work of placing state de
partment funds appointed for this pur
pose. He was instructed, he says, how
ever, not to take any such action until
specifically ordered. When it became
known these refugees were to arrive Lo
duy, Mr. Gannon .says he so infonned
the state department, and asked for in
structlonfe. None came, he said. He wired
again today, he said, but late tonight
nothing had been received from Washing
ton, and without definite instructions Mr.
Gannon would not take action in the
name of the Red Cross.
1 ell of Outrages
Fourteen of the party came from Du-,
rango, the capital of which has been in
the hands of rebels for some time. Mrs.
Mary A. Brackett told of repeated visits
of rebels to her home, and with drawn
pistols and sabers demanded anything sIh
might have in her home. \tier several
sii'.'it visits file home was .stripped of al
most everything During the ovei land
trip from Durango with her son, Frank s.
Bracket of Idaho, the party was robbed
but allowed to proceed with their wagon
and clot I tea. hut nothing dse. Brackett
was a miner and had to abandon Ids
workings. Frank Abbot, also a miner,
on one occasion was held up by rebels
and told he was to be shot. ITe was or
dered to remove bis Clothes. He refused,
so they tied him to a tree with tala
clothes on. Just as .six men were ready
to fire he saki the officer ordered him
untied. Why, he does not know. Again
he was ordered to remove his clothes and
obeyed. The rebels loft him unhurt but
naked.
“The killing of the Englishman, Pal
mer. in a Durango mining office seems
to show that the Mexicans dislike all for
eigners. not particularly Americans.” said
Frank S. Brackett. "Because he would
not open a safe, the combination of which
ho did not know, they shot Palmer dead.
It is not a case of who tin- foreigner is,
it’s simply monty and supplies they want,
and they are willing to kill anyone to
get them."
AMERICANS REFUSED
PERMISSION TO LEAVE
i Kaglo Pass, Tex., August 30. -Invested
by 10,000 rebels and defended by 5000 fed
eral*. Torreon, state of ('oahulla, Mexico,
holds a number of Americans who ha>*
' been refused permission to leave the
i besieged city, according to thiee Amer
ican refugees, who arrived here today
; The* trio, Frank end Milton Chisholm and
Andrew Odel, escaped after General
! Bravo, the federal commander, had salt
- no American could quit the place. They
i procured mules and unharmed made the
Journey of MO miles to Piedras Negros
the rebel headquarters opposite Eagk
Pass. The men said the federate In Tor
reon burn their dea*l each day and that
disease has been largely prevented. A
scarcity of food, however. Is occasioning
much suffering among the poor.
Incident to the investment of the city
the refugees said six Americans, mem
bers of the constitutionalist army, wen
captured recently and summarily execut
. rd. Dosses In recent engagements, they
^ declare, are not nearly so heavy as re
ported, totalling not more than 3 4) oi
’ 400 on each aide. The Huerta’forces hav*
I 80 cannon and to machine guns; the con
- stitutionallst* are but poorly equipped h
this respect.
■ The refugees were unable to give *?vei
■ approximately the number of Americans
• in the besieged city.
*
.
! COMES TO A CLOSE
i (
i Buffalo Convention Most
Successful in History
of Movement
r
Buffalo, X. Y.. August 30.—The fourtt
international congress on school hygiene
which closed today, was one of the inos
successful in the history of the move
, ■ m< nt. The membership exceeded 2000, bet
, ' tering the lecord of the third congrcsi
, j held in Paris and the registered attend
a nee also was better than the Paris fig
f urea. The congress of ISllr«. will be hel<
’ in Brussels.
A symposium of women's clubs was th<
best attended meeting today. Alien Mar
Wood of New York struck a popula
chord when she declared that from th
* beginning of time the burden of con
s serving the morals of the people had lui
► upon the women and the greatest proti
j lent confronting the world was a bette
fatherhood and a better brotherhood.
AGAINST THAW BY
' - I

Gains Consent of Judge to
Hear Arguments on
Habeas Corpus Writ
JOHN BOUDREAU
USED AS FULCRUM
Persuaded That Thaw Was Held on
Defective Commitment—Thaw’s
Lawyers Taken by Surprise.
Abuse of Writ
Sherbrooke, Qua., August SO.—Harry
K. Thaw’s favorite, though ineffective,
weapon In the New York courts—th*
writ of habeas corpus—was turned
j against him today by his old prosecutor,
William Travers Jerome, as a means of
i cing Tpjr into court here next t
\ order that the Immigration^
aik may deport him to Vermont X.
in A t\ii Jerome hope* will be the first
leg of the return trip to Mftttcawan
asylum.
John Boudreau, the rural chief of
police, at Coaticook, Thaw's captor af
ter he had crossed the Canadian fron
tier, was the fulcrum used by Jerome
and his Canadian lawyers in obtaining
the writ. The police chief was per
suaded thai Thaw’s detention in the
Sherbrooke H. on a defective commit
ment, niikbt \ utlt in a damage suit
for false arrest, so he petitioned Supe
rior Judge Matthew Hutchinson to have
the prisoner produced in court.
Hear Arguments Tuesday
Judge Hutchinson, at first }oath to
disturb the status of the case, Thaw
having been remanded to jail for an
indefinite term by a brother judge, Ar
thur Globensky, finally consented tj
hear arguments on the writ at JO a. m»,
Tuesday, when Thaw's lawyer^,. ’*
have an opportunity to oppose it.
If the writ is sustained Thaw will b<j
turned over to the immigration officer*
.at once; will be taken to Coaticook for
hearing and doubtless thrust actoas tho
Vermont border, there to be seizd by
deputy sheriffs, acting for New York
state, on the warrant charging trim
with conspiring with Howard Harnum,
the Mat tea wan guard, and others .0
escape.
Jerome s coup was made possime t>y
the sudden return here of Judgo ilulch
inHon. who h id been in Maine oh bis
vacation. U>- the merest chance Sam
uel Jacobs, chief counsel fur the Now
York intercut*, was apprised oi tils re
turn. and math* a dash buck to Shoe
brook c after leaping from e. train
bound for Mon freak The immigration
anthorittnrf, aisv* uennd thithef', I'etffrii' tt
on th» tie\ t train not w aited about to*
court house i ’day in the hope that thu
it earing on rue iiabeas coryu;* wrU
would be held at once.
Taken by Surprise
Tlinw h lawyers were taken complete*'
ly by surprise. Only two o£ tliem—•
Charles I). White and Harry i*razor—
wen* in Kherbrooke. There was talk of
bringing tin* chief roundel, *1- N. Green
shields of .Montreal, here by special
train, but lie was cruising on his yacht
in the St. Lawrence river and could not
lie reached until tonight. Ho will bo
here tomorrow. The second in command.
W. K. McKeown, arrived from Mon
I treal this afternoon, after the writ had
been granted.
“We do not think this move will stand
in court," said McKeown. “New York
is using John Boudreau ns a pawn, it
is an abuse of tlie writ of habeas corpus,
.\ writ of habeas corpus is issued pre
sumably in a prisoner’s behalf. In tills
case, it has been used to deliver him into
the bunds of his enemies. It is a mere
subterfuge. We do not criticise our op
ponents for taking this actlftr. in our ab
sence. for we doubtless should have taken
like advantage, should we have had the
opportunity. However, there was a sort
j of mutual understanding that nothing
j was to be done In the case until Wednes
• day next, when Roger Thompson’s trig! is
to go on;"
Jerome Smiles Grimly
Mr. Jerome smiled grimly at his vic
tory. The Thaw lawyers had thought tit*
next move would be made through Alexia
Dupuis, the OoalieooK justice of the
peace, who committed Thaw. It had been
said that New York was bringing pres*
sure to bear oti Dupuis to withdraw the
commitment. With the attention of the
Thaw lawyers riveted on this stigip .->•
I tion, some one quietly visited Boudreau
) and got him to sign the petition
It was presented to Judge Hutchinson
iri chambers by Samuel Jacobs, acting for
New York. Stripped of its legal verbiage,
it reviews the details of Thaw’s arrest
at (‘outicook on August 13; maintains that
he is held on a faulty commitment; sets
forth the desire of the petitioner to re
dress any wrong done Thaw, and la
avoid “any furLher liability for dam
ages," and concludes as follows;
“Wherefore, your petitioner prays that
it writ ot habeas corpus issue, addressed
to tiie said J. il. Laforee, who illegally
detains the said Harry K. Thaw, in tha
common jail for said district, ordering to
forthwith bring and produce before a
judge of the superior court for the said
district, the body of the said Harry K.
Thaw and show cause why the said Harry
K. Thaw should so be detained and tbnt
unless proper and legal cause of deten
tion lie Aidwn. that the habeas corpus be
maintained and said Harry K. Thaw set
at liberty and your petitioner will ever
pray."
<«■
I
i ! ■ I
i I
| Members uf Party Dinner
(iuests of Justice of
Canada
\' - jg
Albany. N. Y., August 30.—Vi*coun» '
Haldane ami Ills party arrived here from
, West Point at 7:15 a night, half an hour
late by reason of the breaking down ©t
a train in front of their special. An es
I rort, consisting of Chief Judge Edgar M.
Cultin of the court of appeals, former
* Judge Cady Herrick and Marcus T. Hun,
* president of the Albany Har association,
was at the station to greet the visitors
? and conduct them to their hotel. There
the members of the party were the dinner
I guests of Charles i*\ Doherty, minister of
* Justice of the Dominion of I'anada.
r Arrangements were made to take %
special liaiM &l midnight i« Uo&ttwU.
’ a-M

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