The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1865-10-06
LOCAL AFFAIRS.
THE PRYOR HABEAS CORPUS
CASE.

The writ OF habeas corpus issued to Col. 4.
N. McLaren, commanding him to bring the
body of John Pryor, &C., before Judge Nc
MILAN, Tuesday at O'Clock, was promptly
answered by Col. McLaren in person. Messrs.
II. L. Moss and Il. j. Horn appeared as attor-
neys for respondent. Messrs. VIM. Lochren
and VIM. q. Grant for petitioner.
Col McLaren made verbal answer to the
writ, showing the orders under which and for
what he held John Pryor in custody. He
could not, he said, without the order Of Gen.
Pope or Gen. Corse, comply with the demand
of the writ to produce Pryor. As to the points
in the writ, &C., he had ne reply to make.
Gen. Corse had, to his knowledge, telegraphed
to Gen. Pope for instructions, but as yet there
was no reply.
Mr.. Lochren said that Col. McLaren had in
effect made no reply, or return to the writ, but
had talked as if the military law under which
he held Pryor, could override civil law. If
Pryor is rightfully held in his custody, there
could be no doubt that he would be remanded
to it. fool. McLaren proposes to disobeY the
writ or not make proper return to it, he
wsuld ask the Court to enforce the demand.
Mr.. Horn said it was easy to see that this is
Va mere conflict of jurisdiction between tribu-
mails independent of each other. The tribunal
which tried and sentenced Pryor was one com
petent to decide that matter. Col. McLaren,
however, out of respect to this Court, had pre-
sented hmself to answer any questions on the
matter. He has presented the orders under
which he acts, and if any written answer is re-
quired, time should be allowed for him to
make it.
He claimed that this was one of those cases
which could not be reached by habeas corpus,
and we must conclude, therefore, that the writ
is improperly issued He thought a motion
in order to quash the indictment Gas improperly
issued, would be proper, or else ask time to
present written reply showing that Pryor
was detained under sentence from competent
tribunal.
Judge Mcmillan said that this being the
hour for the return of the writ it was compe-
tent for respondent to make answer to points
in the writ verbally. fquashed it would not
be necessary to require the answer in writing.
He would now hear arguments if the Counsel
chose, on the motion to quash, but would ask
ifto-morrow, when there would be full
bench, would not be as agreeable to both sides.
The Counsel thereupon agreed to the ad-
journment of the case to to-day at 10 o'clock.
The following are the points upon which
the writ of habeas corpus was petitioned for:
The grounds Of illegality of Imprisonment
are as follows:
1. That the pretended court martial had no
jurisdiction to try nor to convict the prisoner
on charge of murder.
2. The District Court for the Fourth Judi
cisl District at general term has sole and
exclusive jurisdiction Of such alleged offence.
g. That there has not been since the LIST day
Of July, 1865, the day the offence was COM
nitted, any instruction, rebellion, invasion,
war or public danger of any kind within the
State Of Minnesota or within the United
States.
4. There is no evidence before the Court
Martial showing that the prisoner was ever
soldier.
5. There was no evidence before the Court
Martial that the death of Stillfox was caused
by the act of Pryor.
6. Gen. Pope had no authority to issue the
order for the execution of Pryor, and that such
execution would be murder.