The Daily state register. [volume] (Carson City, Nev.) 1870-1872, 1871-03-08

Warden Denver for the surrender OF
Baker. and was refused. The case is
now to be referred to the authorities
at Washington. A similar case is
cited on pages l74-5, McLean's Re
ports, vol. V, ls55, which was tried
before Justice John Mclean, Of the
United States Supreme Bench, i'll the
|. :. Circuit Court of the Seventh Dis
trict (OhiO). We refer to the CASE OF
the United States vs.. Nelson Proctor
and Smith i. Ellis. Defendants we're
charged i'll the Circuit Court with
counterttiting the coin of the United
States. and 4 motion was made to take
them from the custody of the State
and bring them before the Federal
Court in order to release the bail given
tor their appearance before the latter.
Judge Mclean held that "WkcrG Il
person Is in custody under the State
authority this [thc |. s Court has no
power to take the accused from such
custody o has Il State Court power
10 remove by a habGaS corpus a de
PENDANT from the custody of Il Court
of the United States The opinion
implies that a Federal Court cannot
even grant a habcas corpus 10 take a
prisoner from State authority. by say
ing the Estate court might grant a
habcaS corpus to all defendants to
answer charges, after which they must
90 back to serve out the sentence OF
the State Court" before the sentence of
the Federal Court can he executed.
Judge Mclean further SAYS - If the
defendants shall be first tried in the
State Court, this The L. :. C%ircuitl
Court can direct a capias to the Mar
shall to arrest them, so SOon as they
shall be discharged from their present
imprisonment" but not bcfOrc-SO
that LammOn willhaVe to hang round
the Warm Springs for thirty years
before he gets hold of the PequOp car
robbers.
AURORAL AMUSEMENTS.-Ihe people
Of Aurora have been enjoying them
selves for the past week or two about
rs thoroughly Is any people could.
During last week particularly, the
weather being mild and the nights
about as bright as day, the whole pop
UlatiOn-mcn women II children
turned ont every evening and coast
ed" from sundown until nea mid
night. The main street slopes to the
center from both ends of town, so that
coasters may start at one end of the
town and gain such momentum be
fore reaching the base of the hill that
they can reach the top of the opposite
hill before it i lost; they then turn
and 90 back the same way-like a
swing. Fires are built along the
track, and when hunger zones on
they step into a meat market, get Il
steak and hrOil it on the Goals of their
beacon fires.
BIG TALk.-Elder George Balcom,
Missionary Indian Agent, will talk to
the Indians of this city and vicinity,
at their camp near town. this afternoon
at ; o'clock. He will be accompanied
10y hi, daughter, who will assist him
i'll singing. and citizens generally are
requested to extend this noticc-aS but
few OF the Wa~hOcS subscribe for the
Register. Elder Balloon expects 10
visit Virginia tomorrow, and 60
thence to Reno and Wad>Worth, and
visit the Indian reservations, intro
Neutrality-suspicious. element everywhere.
\ DIFFICULTY.-Two well known
citizens of this city had a difficulty
Yesterday forenoon which came near
proving serious, as pistols We're
brought into requisition at close quar-
tiers. Friends intcrtcred. the matter
was temporarily ended and will prob
ably undergo legal Investigation to-
day.
CoMMUrED.-The Board of Pardons
Yesterday commuted the sentence of
a man named Richardson from inn
prisonnIent for life to five years. This
gives the prisoner about eighteen
months more to serve. We believe he
vas Sent from Lander county for
murder.
INFORMATION WANTED.-Lydia c.
Armstrong, of Elmore, Peoria County,
Illinois. wishes to learn the present
whereabouts of her brother, VIM. X.
Smith, who left st. Louis. Mo-, about
Il years ago, and who was when last
heard from i'll this city.
CHURCH AT EMPIRE.-The citizens
of Empire City will hold a meeting
IN Sunday evening next for the pur-
pose OF organizing a movement for the
erection of a church building in that
quiet village.
EMPIRE.-The good people of Empire
City are about to organize a dancing
school to teach the young idea how to
cut the pigeon wing.
ALL the favorite brands of the finest
Havana and Domestic Cigars, and the
best Smoking and Chewing Tobacco
can be had at Jas. J. Mandlebaum's
Variety Store.
Go to Smith 4 SAVERS for your gen.