The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1889-08-18
WHICH HAS JURISDICTION?
New and Peculiar Points of Law Grow.
ing Out OF the Killing of Judge Terry.
Both the State and Federal Courts Claim the
Right to Try Nagle-Broderick's Second
Talks-General Butler Not Engaged.
NAGLE's IMPRISONMENT.
Taken I'm Charge by Federal OfHcials-C1ash
Between Fedora; and State Authority.

Taken I'm Charge by Federal OfHcials-Clash
Between Fedora; and State Authority.
SAN FRANCISCO, Aug. 17-Deputy Mar
shall Maggie, who shot and killed David s.
Terry. at Lathrop, last Wednesday, was
removed from Jail, at Stockton, by Sheriff
Cunningham an hour before daylight this
morning, and brought to this city on a
special train. This proceeding was based
upon a writ of habeas corpus issued by
Judge Sawyer, of the United States Circuit
Court, yesterday, directing Sheriff Cum
niugham to produce Nagle in the Circuit
Court at II o'clock this morning. Maggie
was taken from the Stockton Jail at an
early hour. in order to avoid the excite
ment his removal during the day might
have occasioned.
A great number of persons were present
in the Circuit Court room this morning
when Magic appeared. Attorney Mcguire
introduced District Attorney White, of San
Joaquin county, and said that they ap-
peared conformity to oppose the release of
Nagle by the federal authorities. The at
torney, after reading papers connected with
the proceedings, entered a general protest
to the order Of the court. claiming that it
was ICY Ouu VIC JuiiouiCtiou VI tuo lcucIdl
courts to take from the custody of a State
official a person who had been arrested for
the commission Of q crime within the
States Jurisdiction and against the state
laws. IF the court please" said alto
ney Mcguire. I'VE desire formally to
protest against any requirements of
this court to the sheriff OF San Joaquin
county to bring q person held under State
authority into this court on a writ of habeas
corpus. The prisoner has, however, been
brought into court out of Difference to the
court by the sheriff. and the sheriff now
presents his return to the writ" The at
torney then proceeded to read the written
return, and added: I'VE shall take the po-
sition. on behalf of the people of the State
of California, that Mr.. Nagle is in the Gus
tOdy of the State authorities, and that the
federal courts have no jurisdiction to take
a prisoner from the custody of State of
ficials. That objection gives rise to a very
important question. which we are not at
present prepared to argue"
Judge Sawyer said: ut does present a
very important question. The claim on the
part of The prisoner is that the acts COM
of duty under the laws Of the United
States, and by reason of that he has been
brought within the jurisdiction of this
court. We recognize the necessity of yOur
being thoroughly prepared for argument
n probably for ascertaining the facts. 1t
perhaps might be as well to postpone the
matter for a week to give counsel oppor-
tunity to decide what is the proper course
to pursue.o After comforting, the lawyers
decided they would be ready to argue the
questions raised next Thursday, and the
returning to Jail under the custody of the
llnIfQd StQtaa marshal