Omaha daily bee., 1885-08-24
BACK TO PRISON.
McCulloch Decides that Lindc
the Alleged Desertor, Must
Stand Court Martial
Trial,

Judge McCullocb, Of the county court, wa,
engaged Saturday in the trial of a very inter
esting case-the habsas corpus proceedings to
wrest the alleged deserter, Theodore Lindo,
from the military authorities. 1t will bs re.
membered that Linde was arrested some DAYS
ago by Officer Crawford, for desertion, and
turned over to the military authorities at Fort
Omaha. 1t is alleged that he deserted the
United States navy some five years ago, hav-
ing enlisted shortly after his arrival in this
country from Copenhagen, Denmark. EssSsSShIss
The court room was crowded with an inter
ested number of spectators, most Of them
friends of the young man Linde, who for two
years has lived in Omaha. Gen. CArlin was
present, with his aide, and was represented in
the trial by Assistant us. District Attorney
Bartlett. Judge Anderson and Geo. Shields.
Esqn represented Linde. After the evidence
was all in, and the speeches had been made,
Judge McCulluch remarked that he did not
see how he could allow the prisoner TO DO
taken from the military authorities by writ
OF habeas corpus. He must, therefore, order
that Linde be taken back to the military
prison at Fort Omaha, there TO await trial,
in regular court-martial proceedings. There
was some doubt in his mind
as to whether he ought to release Linde on
bail until a writ Of error could be obtained
from the district court, lie finally decided,
however, that the best course to pursue was
to remand him back to the military prison.
Step up and get your man, said Mr.. Bart
lett to Gen. Carlin, who was standing near.
The general Immediately ordered Linde into
placed in q van and whirled off to the post.
He appeared to take The mat
ter complacently, even smilingly, and
babe his friends good.by uuaffectedly. He
will be tried at Fort Omaha, in regular court.
martial, when the testimony of the defense
will be fully brought out.
This case is a peculiar one, and il Is said
that it is the frat one of the kind ever tried In
this city or state, involving as it does, a ques-
ton of the jurisdiction of state courts over
the military authorities. Mr.. Bartlett cited
o number of authorities to show that the state
courts could not interfere with cases of
federal or military jurisdiction. One
opinion cited was that of
dant was convicted in the federal coart and
sent to prison for attempting to liberate a flu
gitive slave. His friends tried to secure his
release by proceedings in the state court, but
the supreme court re 1deret IA decision that
such process was illegal and void. Another
citation was that of the Tarb!e decision.
Young Tarble enlisted in the Uuited States
cure his release, on the grounds that he was
under age. The tupreme court decided
that the state court could not inquire into the
reason why the young man was held by the
military authorities, as it had no jurisdiction
in such cases. MIR. Bartlett's speech was o
very able one throughout, and full of con
yincing logic.
Gen. Carlin has been informed by Mr..
Bartlett that, in the event of a similar case
presenting itself, nc writ of habeas corpus
from o state court need be honored. Here
after, therefore, Gen. Carlin will pursue thi
policy.