Savannah morning news. [volume] (Savannah) 1868-1887, 1881-06-18
THE PATTERSON MURDER TRIAL
Motion for Transfer-Views OF De-
fense aud PrOsecutIOn-SeetIO GAL
Judge Vann Denies PeIItIOn-An-
other Tack.

JASPER, Fla, June 16.-The petition on
the part of the defendants. Savage and
James, to remove the case from the State
court to the Circuit Court of the United States
for the Northern District OF Florida. as an
nounced by their counsel, is based upon Sec
ton Gal Of the Revised Statutes of the United
States. 1t is claimed by counsel for the de-
PENDANTS that the msre presentation and fl
ing Of the sworn petition of the defendants
makes it incumbent upon the State court
to remove the cause without any denial or
traverse Of the facts set out In the petition be-
ing permitted to the State.
Counsel for the State contend that no re-
moval is authorized unless the petition shows
such state Of facts as would give the Federal
court the original jurisdiction under the Con.
stitution and laws OF the United States; and.
the Circuit Court OF the United States being a
court of limited jurisdiction, the petitioners
should show an express act OF Congress author
iZing the removal and that section o4l does not
warrant q removal by virtue CT the facts set
out in the petition.
Tha counsel for the State also contend that
the acls Of Congress do not authorize or re-
quire the appointment Of deputy marshal for
the purposes set out in the petition, and that
the defendsnts could not have been acting In
that capacity.
Section 641, Revised Statutes OF the United
States, reads as follows:
when any civil suit or criminal prosecution
Is commenced in any State court, for any cause
whatsoever, against any person who is denied
or cannot enforce in the judicial tribunals OF
the State, or in the part of the State where
such suit or prosecution is pending, any right
secured 70 him by any law providing for the
equal civil rights Of citizens OF the United
States, or OF all persons within the Jurisdiction
Of the United states, or against any officer.
civil or military, or other person. for any ar
rest or imprisonment or other trespasses or
wrongs, made or committed by virtne
Of or under color OF authority derived
from any law providing for equal
rights as aforesaid, or for refusing
to do any act on the ground that It would be
Inconsistent with such law, such suit or pro.
secution may: upon the petition OF such de-
fendant fled in said State court at any time
before the trial or final hearing Of the cause.
stating the facts and verified by oath, be re-
moved for trial into the next circuit court to
be held in the district where it is pending Upon
the filing Of such petition all further proceed
fpgs in the State courts shall cease and shall
not be resumed except as hereinafter pro-
vided."
The remainder Of the section refers to the
process to be observed in such cases.
Judge Vann this morning overruied the mo-
tion for a transfer TO the United States Court,
to which decision the defense took an eIcep-
ton
onssh the venire for this county, on the
ground OF iIlegality in the method OF drawing
the same and the small number OF negro Ju
denied the facts set forth in the motion. Pend.
ing the preparation OF necessary papers, at IL
- w. B.