New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-08-18
NAGEL TAKEN FROM JAIL.
CARRIED ON SPECIAL TRAIN AT NIGHT
TO SAN FRANCISCO.
POSSIBLE TROUBLE FROM JUDGE rrRRYs PAR
TIsANs IN STOCKTON PREVENTED
CONFLICT OVER JURIspIc.
TION IN THE CASE.
tBr TELEGRAPH TO THE TRIBUNE. ]

IBr TELEGRAPH TO THE rkrBUNE.l
San Francisco, Aug. 17.-No day In the Field Terry
is without ITS sensation. The latest In the series
occurred early this morning when Deputy Marshal
Nagle was taken from Stockton Jail In tho dim MORN
ing Hight, placed special train, brought to this
city and turned United States Marshal Franks.
This scheme was devised to prevent any danger Of
an outbreak OF popular feeling IN the stronghold OF
Terry's friends. SO secretly all preparations
made that suspected habeas corpus writ had
been granted last night, and that Sheriff Cunningham
had It In his pocket when he reached Stockton Mrs
Terry and her lawyers learned Of this new move after
midnight and there hurying to and fro, but they
finally concluded 1t was a canard, and went to bed.
When they awoke this morning they learned that Magic
was gone on a special train which made mile mn-
ute. The train consisted OF an engine and one car
and only four people besides Nagle were on board
Nagle was transferred so the
city prison, and when the Circuit Court opened
he was taken before Judge Sawyer. Ihe
United States was represented by DistrictAttoney
Carey who commissioned yesterday by Attorney
General Miller to defend Magic, and the prosecution
was represented by ex-Judge Mcguire, who appeared
I'm connection with DtsrtctAttorney Whlte OF Stoch-
ton. This Whto Is the man who insisted upon order
ing the arrest Of Justice Field although his deputy re-
fused have anything to do with the case, and clamed
that there facts to justify the issuing Of the
warrant White IS a pg-headed young country
lawyer who was used tool Dy
Temy's partisans. When the court was
called to order Mcguire introduced Whte'
who said that he took the ground that 1t was oeyonu
the Jurisdiction Of the Federal Courts to take from
the custody of state official person who had been
arrested for the commission Of crime within the
states Jurisdiction and against State laws. Mcguire
followed saving that the conflict Of jurisdiction
opened a very important question, which they were
not ready to argue yet
Justice SAWYER admitted the importance OF the
question: and proposed postponement till next week
Attorney White in responding to a suggestion said
81 think we are not ready for this case or MI
Fields, He was corrected by hoarse whisper from
Mapuire Justice Fields,' at which every one sieo
and the hayseed attorney looked confused
1t was finally decided that the case go over 70
next Thursday. and meanwhile Nagle was RENAMED
10 the custody of Marshal Franks, which means tna'
he is virtually parole In obtaining inc Icioasc
of Nagle on writ of habeas corpus issued iioin
Federal Court and necessarily made re'urnaoe oe
fore that judiciary, the legal advisers OF Nage nave
several purposes in view and the hrst pShC 10 oe
tsoI nv rho petiuoners will be a want of jurisdiction
NJ the State courts in the case 1t VIII Do Heueo
that the homicide was committed by federal onicer
| In the performance Of his duue' anu
| While within be ju,idlction OF Le Ch'0'
States Crcnlt Court 70 establish uIs i@'oi
point the attorney win claim that justice t hletu PG
sses the power of his court from the fact mat WINE
travelling between Los Angeles and san francoo III
was within the jurisdiction OF his circuit or,,i,.od
If the court rules that the hOnlclGe was % 49,
vitbin the Jurisdiction Of the Federal courts ana W
Federal officer in the performance OF MS ah
from furtner custody Ii the court makes c0nrdy I
inc 10 show that the act was c0mnlltted WitH INC @
don of the state courts the defendant VIII sun De mop
Tnd te reach of the state authorities by an appeal
beYnr taken TO the United states supreme Court run
the ruling of the Federal Judge. While the case Is
ndnr in the supreme Court the prisoner will be re
leased on bail by order of the United states CoC.
| m'Iinr In one case will be applicable 70 the other.
ruins stsoton ~ Cal Aug II ISpeciaD This town was
wildly excited this morning, when the people Learned
that Nagle hSu Oo t ranv Who dIscussed the matter
in tho street showed that the fears OF lynchng which
prevailed the day of the sho9s & Te SpektoS noS Mail
came out last night with two-coiumn t
denouncng the shooting OF Terry ana Sag can
disguised when she learned soon AFTER mdnght Una
the had been issued She mmedaey G St tba
to Sheriff Cunningham TO come ana see her oGe II, ina
official declined, Informing her that ne haa % rISITI %
wished to try to d-sGsde him from obeying the wr3;
Mrs Terry was greatly chagrned because the eheIlli
did not call on her This morning She 0UHen hat
! he State had no longer any rights. Leading iawSers
here divided on the question OF IuriSdcon s6oS g
majority claiming that the san Joaquin Sner!I snouu
have control of the prisoner and the state courts
should try him.
| GEN. BUTLER NOT TO ACT FOR MRS. TERRY
Boston. Aug II (specal--General Butler was
asked to-day whether he had been retained as pros
ecuting attorney against Justice Field and Deputy
Marshal Nagle "No, sir; have not been retained
in the case and could not be. Judge Field kno"
we'll both as a Judge and a man. l would not ac'
as prosecuting officer against him. answered Oeneia
Butler i do not think the law OF the case ma
| been clearly stated in any of the newspapers
man Is sttac ked and is in danger OF his life, ne
obliged to 20 TO the wall before be can take the lf'
Of his assallant It is different in the case OF al
officer sent to protect the Justice OF court IL !,
then left In his Judgment TO STRIFE wheh ne igs "i
| iif. ~ tho Judge Is I'm danger from his assauant.
do not like 10 say anything against the dead man
Terry My brother was personal iflena ol S SSnS.o @
| nrodcrick thirty years ago, In California, ana wa
on the field with him the day he was Killed IN th'
| duel with Terry"