The Daily state register. [volume] (Carson City, Nev.) 1870-1872, 1871-01-20
n CAR ROBBERS!
Thirty Years in the Penitentiary!
THE GALLONS At LAST!

Sheriff Ben. Fitch, of Elko coun-
ty, arrived safely yesterday morn
ing, with the three car robbers, lay
Tor, Baker and Morton, and deposited
them in the State Prison. Each of
the prisoners is sentenced to thirty
years. The United States Deputy
Marshal was here to receive them,
to hold for trial on an indictment
found by the United States Grand
Jury, but the Sheriff proceeded Iii
rectly to the State Prison and turned
them oyer to the Lieutenant Cover
nor rs Warden, taking his receipt
therefor. How Uncle Sam is going
TO get his clutches uponthese festive
youths short of thirty years, We can
not imagine.
There is a nice point involved il
the case. The prisoners were arrest
ed by the State authorities, indicted,
tried and convicted of the crime of
highway robbery, the penalty for
which is Imprisonment. Pending
their trial, the United States Grand
Jury found an Indictment against
them for robbing the mails by force
Of arms, the penalty for which is
death. A bench warrant was there
upon issued by the Uuited States
Circuit Court for their arrest. This
warrant was then placedin the hands
Of United States Deputy Marshal
Ben Fitch-the same person then
holding the prisoners Jas Sheriff Of
Elko county for trial before a State
Court for a lesser offense. The Dep
uty Marshal did not serve his war
rant until after the prisoners had
been convicted and sentenced. and
the Sheriff had the commitment in
his pocket. Then the United States
warrant for their arrest was served
OF the prisoners in Jail. Up to this
time there had been no conflict Of
jurisdiction, but this second arrest
10y an officer receiving his authori-
ty from another source. caused aeon
flict. The parties 10 this conflict
were: the Sheriff Ben Fitch, who
had the prisoners in custody, and
the United States Marshal Ben
Fitch, who wanted to take charge OF
the prisoners.
Some of the questions involved in
the matter may be thus put: Has a
Sheriff the right to surrender n pris-
oner without an order from the COM
hitting power, wen 10 a ministerial
officer having awarrant charging the
prisoner with n greater crime than
that for which he is held? Ii is safe
to say he has not. Then the ques-
ton arises-Can n Marshal of the
United States properly and legally
serve "A bench warrant upon persons
charged with a capital ohense by
merely reading 1t to the parties for
whose arrest IL was issued, and then
leaving them as untrammeled as he
found them? But the question also
recurs. had Marshal Fitch the right
to take the prisoners away from
Sheriff Fitch? If Sheriff Fitch had
given up the prisoners to Marshal
Fitch without authority from the
Court committing them, his sureties
would have been held responsible
whereas, if Marshal Fitch failed tc
do his duty in bringing the prison.
ers before the United States Circuit
Court as directed, after having ar
rested them, his sureties would b,
liable.
But what is to become of the pris
oners? Has a State any rights which
the United States is bound to re
spect? If the prisoners had beer
charged with the same offense b,
both jurisdictions, then the Unite,
States Circuit Court could hav,
claimed precedence, or the prisoner
themselves, by petition, could hav'
caused their ease tn be tried first il
that Court, n simple service of no
tice from the United States Court oil
the clerk Of the State Court bein,
sufficient TO bar proceedings in Tia
Court below until the case was dis
posed of in the Federal Court. Bu
in the case now agitating the lega
world no such state of facts exists
True, the one act constituted the tw,
offenses, and vas therefore commit
ted Mt the same time, but the leading
question in the case is, can the Uni
ted States Circuit Court, by writ O
habeas corpus cum causa. take
convict out of the State Prison 70
the purpose of trying him for an OF
Tense against the laws Of the Unite
States? If not, the prisoners wi
serve the State for thirty years an
then he tried for their lives by til
United States; if yes, her they wi
be tried in February. and probabl
be convicted and hanged in While