Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1889-08-19
TERRx,s SLAYER COURT.

| Nagle 10 Brought to San Francisco en-
Aabeas Corpus Proceedings-CaIifor
MIA OMcials Raise the Question OF
Federal Jurisdiction-The Hearing
Goes over TIL Thursday.
SAN FRANCISCO, CAL, Aug. 17.-Deputy
Marshal David Maggie, who fred the shot
which killed Judge Terry, was taken from
the Stockton Jail at 5 o'clock this morning on
writ of habeas corpus issued by Judge Saw
yer, of the United States Circuit Court. He
was brought to this city on a special train
and given the liberty of the city prison pend
ing the return of the writ, and after putting
the finishing touches to his toilet, which had
been begun at Stockton, he took seat on
bench and received his intimate friends.
he looked considerably paler than usual, as
he was fatigued from the excitement of the
last few days, his imprisonment in Stockton
and his early morning ride. ST would have
preferred to have remained and got done with
the whole business in Stockton" he said.
Elm one way am glad to be back here, but
I wanted to finish up there. was not con-
suited in regard to the writ or anything else.
did not know that was to be brought here
until a few moments before left"
As the people began to flock into the pris-
on and gaze at the now famous prisoner, he
retired bashfully to a corner in the upper
end. During the two hours and half he
was in the city great many friends called
to see him.
Shortly before II o'clock Chief Crowley,
Captain Lees and Sheriff Cunningham called
and took Nagel to the federal court. Judge
Sawyer, Sabin and Brewer were seated on
the bench. Attorney Mcguire introduced
District Attorney White of San Joaquin
county and said they appeared conformity to
oppose the release of Maggie by the federal
authorities.
The attorney, after reading papers con-
nected with the proceedings entered gen.
eral protest to the order of court, claiming
that it was beyond the jurisdiction of the
federal court to take from the custody of
State official person who had been arrested
for the commission of a crime within the
States jurisdiction and against the State
laws.
''If the court please" said Attorney Ma
guire eve desire formally to protest against
any requirements of this court to the sheriff
of San Joaquin county to bring person
held under State authority into this court
on writ of habeas co1pus. The prisoner
has, however, been brought into court out
of Difference to the court by the sheriff, and
the sheriff now presents his returns to the
writ"
Alp oUIOAACy u4SA pASSOCoOo w A0oo tu0
written return and added: "We shall take
the position on behalf of the people of the
State of California that Mr.. Maggie is in the
custody of the federal authorities and that
the federal courts have no jurisdiction to take
prisoner from the custody Of State officials.
That objection gives rise to very important
question, which we are not at present pre-
pared to argue"
Judge Sawyer said: cit does present very
important question. The claim on the part
of the prisoner is that the act was committed
in performance of duty under the laws of
the United States and by reason Of that
he. has been brought within the jurisdic-
ton of this court. We recognize the neses
sity of your being thoroughly prepared for
the argument and probably for ascertaining
the facts. 1t perhaps might be as we'll to
postpone the matter for week to give coun-
sci opportunity to decide what is the proper
course to pursue"
After comforting, the lawyers decided they
would be ready to argue the questions raised
next Thursday, and the hearing was set for
that date. Deputy Maggie returned to Jail
under the custody of United States marshal.