The daily gazette., 1880-12-21
FROM r..,eraa,,. Late Eai.loa.
wINeATE's CASE.
HEARD BEPoRE JUDGE BRADFORD,
AND rHE MAYOR susTAINRp.

AND THE MAYOR SUSTAINED.
This morning the habeas corpus case
of Geo. Wingate, deputy U. $. Mar
shal, who was arrested for disorderly
conduct on the day Of the general
election, by Mayor Almonds police,
and whose case was removed to the u.
s. Circuit Court, came up in the latter
court, before Judge Bradford. District
Attorney Patterson represented tho
Government, and Chas. B. Lore, ESQ.
appeared for Mayor Almond.
Mr.. Lore made application for
pos pOne ment of the case for few
days, ia order that he might have an
opportunity Of making himself mole
familiar with the fac Is.
Mr.. Pat crson opposed the applica
tion, as in his opinion the jurisdiction
OF the Court was perfectly clear, and
he had no more opportunity Than bad
Mr.. Lore, of famiiiSrizing his mind
with the facts oil the case. lie al,o
raised the point that Mr.. Lore had no
right to appear Ia his case, as the pro
per person would be the At orney--
General OF the Safe, unless Mr.. Lore
was duty depu lied for this purpose by
the Attorney General. Sir. Patterson
said lac had recently written to Attor-
ney General Gray, asking him to take
charge of this case, but had received
no answer, and he therefore though
the United States should assert ito dig
nifty, and asked the Court IL il was
proper Ior private party 10 appear IN
case OF / is character, when the
| State declines 10 do SO. As the state
had thus failed 10 be represented in
the case, he thought IL should be drop
ped alto ether.
MIR. Lore replied that the case did
not thus directly concern the state of
ID laware, as IL had not yet come be-
fore the Attorney General. The pro
ceases of the U. $. Court had been
served only upon The Mayor and Chef
of Police, and lac appeared TO represent
them.
Judge Bradford says that in TINS
case the State of Delaware was the ac
cusing party against Deputy Marshal
Wingate and should be represented
until the examination is concluded
The District Attorney, as he under
stood it, appeared in this case as the
defendant Of Wingate, as a United
States officer, under his claim hat IA,
had not, as charged by the State au
thoritics, incIted to no, but was sim
ply performing his duties under his
commission.
Mr. Lore here raised the point tina
the Judge of the U. $. Court could no
sit as u committing magistrate ia tn,
= case, and that. therefore, it should no
, have been taken from The Mayor
Court.
, Mr.. Patterson, in response, cited
r case in Georgia, where an officer of tn
| u. :. Internal Revenue, while in tn
l discharge of his duty shot and killed
man for which he was arrested by tn
State authorities, but was removed o
. a writ Of hdbeds corpus before the L
> 5. Circuit Court, where his case wa
heard and he was dismissed. Mr.. Pat
| terson said on this ground this cas-
could be heard, 50 that the Judge coul
determine whether or not to hold tn
prisoner for trial at the suit Of th
State OF Delaware.
Judge Bradford said the next queslio
was whether the oilanse CHARGED In tn
case was an indictaDle one. Mr.. Lor
said In his opinion under The warrant
was not. 1t was simply disordsrly col
y duct aud melting 10 riot, for which I'll
| accused could be held to keep th
peace.
Entertaining similar view, Judg
Bradford said he would dismiss the ca.
on the ground that the ofIense charge
vas not an lndictable one under IL
laws Of the State of Delaware, aud ther,
fore did moi come Within the evil desig
ed to be remeded by the act uf Congre!
He sad the Grand Jury Of the Circu
Court h Id about the same relation
The Graud Jury OF the State Court, al
as the Otlrnse charged could not be pun
ishrd in the state Court, IL was not
proper one for removal to the CmcL
Court. He ther fore ordered the ease
be dismissed and Wingate discharged.
= This decision leaves Wingate In Il
hands Of the Mayor, to be tried for di
orderly conduct aud incitilg 10 rio
though il i, rot likely the Charge again
him will be pushed now.