Daily Republican., 1880-12-20
FIFTH EDITION
aABEAs CORpUs

The Wingase Case In IN.
Coars Ts-dsy-The Cas-. =
missed. " Dis
The Winga,s hsbeas so,nr.
the facts OF which will be Ysn,sm ~ O"s
came up In the U. 8. Couyt - ,.,sd,
Judge Bradford presiding. b.,,n" 10y,
made . special order for tbis ~ S.'o
u y. District Attorney Pattsrso, Jay
peared In the Gaze for the Cow rnms -,
and Mr.. Lore represented the MA sA'
In the role ola private prossop 10, '"'
Mr. Lore moved that the o,,. !,
postponed 9 few days in order tbS, ' O'|
might make himself more acoua,1,. ~
with the facts Of the case.
| Mr.. Patterson thought IN.
should not be postponed as III, nag vl.
diotion OF the Court was perfectly oi.a
aud he had had no moro opOOr,n M.
than Mr.. Lore to examine vitns,
M. Lore had no right to appear ."s
that the proper party would bs nv
Attorney General, unless he, (Mr io,.s
was d eputiasd BY the At.orney.G'.
sral. ''u1
He also stated that weeks ,Vo b.k.
written to Mr.. Gray, asking Elm to -
pear in Court and prosecute the .,i
ON the part of the State, If he tlonas
proper. This had not been apsvsrsI
and he thought the United s,,,s
should assert its dignity, and he I,I.
the Court to say whether It was s,ons,
that private party should spps,,
when the State disdsins 10 do 10.
In concluding, Mr.. Patterson ,ubmi,
ted that as the state Of Delaware b,,
not seen fit to come bsre and prosscr,
the case, IL should be dropped ALL
getbeT.
Mr.. Lore replied that the casa Al
not 60 directly concern the slaa 4
Delaware as the learned counsel Womb
make II appear. II had not yet COM
before the Attorney General. The nm
cess had been served upon tue MsyoI
aud the Chief Of Police, and he HI
Lore) appeared In behalf of those psr
ties.
The court stated that tie Stat.
Delaware in this cass vas the aocu,ipl
party asainst Deputy Marsh,
Wingate, and until the examination
the State still should be rsu
He understood that DIrris
Attorney Patterson appeared in ,hi
Ease as the defendant OF Wingate a.
United States officer, under his CLAIM
hat he had not incit d to riot, a. A
state authorities charged. bat va
imply performing his duties under hi
commission.
Dir. Lore raised the point that tn,
Judge Of the U. s. Court could lot d
Is committing magistrate in tie c1sS
'sd that, therefore, the case 8houl
lot have been taken from the Mayor
;ourt.
Mr.. Patterson, In response, cited
ass nearly similar In main deta
md process, recently tried In thu Sad
1 Georgia before Judge Wood, in ghic
Gaze brought before q Justice Of ID
'eace, involving . charge Of BOMBED
gainst deputy collectors Of I, s. d
ernal Revenue, who had killed a ma
Tho resisted their destruction OF illicI
istilleries, was taken on a writ
abeRs corpus into the U, s. Court
nd there heard and Determined.
.. Mr.. Lore admitted that all the poiul J,
\ this case we're covered by the al d
tied. The Court then ssii thSt d
ext question to be decided vas Ehet p
r the offsnse charged vas one /
hich the prisoner could b in5iets
Ir. Lore responded that he V'3 free
~ that the case was not indicISO
ut the Mayor might hsVs boaDd b
YER to keep the peace.
The Court dismissed the case on
round that the offence is Lot ntle's ~
nd therefore does not come within
OF the u. S. Law, AID
not liable TO Punishment! in tie s..
Ourt5. EiA