Sacramento daily record-union., 1889-09-13

ALONG TIE PACIFIC COAST.
! Sad and Lonely Death in the Mount
aims Of AmadOr County.
ROBBER RUN DOWN AND KILLED.
Run Over and Killed by a Log
Two Casualties Near Redding
The Nagle Case.
ROBBER RUN DOWN AND KILLED.
ESPECIAL DISPATCHES TO THE REooRD-us1os. ]
NAGLE'S CASE.
Samuel NJ. Wilson Discusses the Subject
of Federal Jurisdiction

Samuel Nj. Wilson Discusses the Subject
of Federal Jurisdiction.
SAN FRANCISCO September 12th.-Argu-
ment in the Nagle case was resumed this
morning in the United States Circuit Court
before Judges Sawyer and Sabin. There
was fair attendance of spectators.
Attorney Wilson was the first to address
the Court this morning. He said that
whenever question arises relative to juris-
diction there was mode provided whereby
it could be changed from State Courts to
Federal, and vice versa. The system of ex-
changing is constitutional and harmonious.
Mr.. Wilson continued in his argument
at great length, citing many cases wherein
had the facts been tested in connection
with jurisdiction it would have been found
that the Federal Courts could have tried
the cases as well as the State Courts Con-
gress has passed an Act which says that its
servants shall act in a protective spirit.
These Acts of the Federal Government
were passed after the Civil War. They
were passed for protecting the nations
powers, and they were all based on the
same line and carry the same weight.
QUESTION OF POWER.
The Attorney General has power over
the United States Marshals, and there is no
doubt but that he issued instructions to the
United States Marshal of this district look
ing to to the proper protection of the per-
son of Justice Field. Discretion is neces-
sary and it was no doubt exercised We
contend that the prisoner was justified in
his act. No act committed by United
States officer in the performance of his duty
is crime. The prisoner saved the life of
Justice Field as well as his own. He fred
the fatal shot only at the last extremity.
He is justified in law and reason, and we
ask this Court to dismiss him from custody.
He has committed no crime. He should
not be sent to Stockton for trial.
STATE JURISDICTION.
Mr.. Wilson was followed by District At
torIey White, of San Joaquin county, who
argued in behalf of the Jurisdiction of the
State. He cited case after case showing
that the Federal Court should turn Nsgle
over to be tried by that tribunal. If the
prisoner is innocent, why should the Fed
eral Court desire to try him? Who will
prosecute him in that Court? Not the Dis
trict Attorney, for he has been retained on
the side of the defense under orders from
the Attorney General. The prisoner was
not serving warrant or carrying out the
contents of one. The crime was committed
on State soil, and Nagle should be tried by
State Court. The prisoner had no power
greater than private citizen, since he wa.
not, as stated before, serving a warrant or
carrying out the contents of one. The
crime was not committed on Federal soil
and we ask that this Court turn him over
so that he may be tried by State tribunal.
With this request we submit the case.
Nothing further was done and the Court
adjourned until tomorrow.