Los Angeles daily herald., 1889-08-18
NAGLE TRANSFERRED
The Federal Court Takes
Him in Custody.
A QUESTION OF JURISDICTION.
Nice Points of Law to Be Decided
Prospects of Prolonged
Litigation.
Associated Press Dispatches to the HERALD

SAN Francisco, August 17.-Deputy
Marshal David Nagle arrived in this city
at AS this morning, in charge of Sheriff
Cunningham, of Stockton, and was
taken at once to the City Prison.
Sheriff Cunningham secured writ of
habeas corpus before he left San Fran
cisco yesterday. On his arrival at Stock
ton last night he Immediately informed
District Attorney White that such
writ had been issued, but did not at that
time make known the fact that Nagle
was to be taken to San Francisco
during the night. At IL p. IN.
Cunningham told the District Attorney
OF ais plans and they arranged to be
ready at 4 a. m. today. Cunningham
left orders with policeman to be awsk
ened at that hour. A special train had
been ordered from Lathrop and was in
waiting at the depot in Stockton at 4 80
O'Clock. 1t consisted of an engine and
one car.
At 4:30 a carriage drove up to the
all. A moment later the Jail door opened
quietly from inside. and four men came
out and entered it. They were
Sheriff Cunningham, Nagle, Judge
Mcclure and Jail deputy.
They were driven with great haste to the
residence of District Attorney White. He
was not yet ready, and they went on to
the train without him. The Sheriff, Ma
gle and Judge Mcclure entered the spe-
cial coach, the deputy returning for
White, who arrived at the train q few
minutes later. At 4 AS the train left,
Lathrop was reached at 4 :55, and from
here to Oakland mole the train had n
straight run, arriving at 80.
OBJECTION TO THE PROCEEDINGS.
Ex-Judge Mcguire appeared in the
Circuit Court this morning to represent
the prosecution in the case of Nagle.
After reading several papers connected
with the proceeding he entered general
protest to the order of the Court, claim.
ing that it was beyond the jurisdiction OF
the Federal Courts to take from the Gus
tody of the State officials person
who had been ARE sted for the commits
sion of crime within the States juris-
diction. and againet the State laws. He
states that he was not prepared to argue
the matter, as it was one of national i'm.
portance and would probably be appealed
to the Supreme Court for its decision.
The Court concurred with the attorney
as to the importance of the matter, and,
at the latter's suggestion, the matter
went over until Thursday next, at 10
o'clock. 1t was alsoaSdecided to hear
Nagle's case before that OF Justice Field.
THE POINTS AT ISSUE.
In obtaining the release of Nagle on
writ of habeas corpus issued from the
Federal Court, the legal advisers of Ma
gle have several purposes in view. The
first point to be raised by the petitioners
will be the want of jurisdiction OF the
State courts in the case. 1t will be
argued tharthe homicide was commit
ted by Federal officer in the perform
snce of his duties as such, and while
within the jurisdiction of the United
States Circuit Court. To estab-
lish this latter point they claim
that Justice Field possessed the powers
of his Court from the fact that while trav.
cling between Los Angeles and San Fran.
cisco he was within the jurisdi ction OF
his circuit.
II the Court rules that the homicide
was committed within the jurisdiction of
the Federal Courts and by Federal Off
Ger in the performance of his duties, as
such, the Court will be compelled
TO release the defendant from
further custody. If the Court makes a
contrary ruling to show that the act was
committed within the jurisdiction of the
: ate courts, the defendant will still
be kept beyond the reach OF
The State authorizes by an appeal being
taken to the United States Supreme
Court, from the ruling of the Federal
Judge.
NAGLE IN JAIL.
After the postponement of the hearing
of the N4gle case until next Thursday,
Judge SAWYER remanded Naele to the
custody of Marshal Franks and the pris-
oner was placed in the County Jail.
At dark Nagle was assigned to cell 33,
the one recently vacated by DR.. Bowers.
During t e evening his wife and a num-
ber OF friends called on him. He ex.
pressed himself as much pleased with bis
treatment, and said he would have been
willing to stand trial in San Joaquin
county, as he thought he would have
b .en>given an impartial trial there. He
was satisfied that he had done his duty
in the case, and was willing to await the
result.
FEELING AT STOCKTON.
STOCKTON. August 17.--Stockton is
quiet tonight and the exciting affairs Of
the wes K are generally discussed. The
removal of Nagle to the Federal Court is
looked upon by some as an unprece-
Tented legal proceeding, and number
of lawyers argue that the Federal
Court has no Jurisdiction, but do not ex-
meet TO see Nagle sent back here. Many
heavy taxpayers say this county would
give Nagle fair trial, but great ex.
pepse will be saved if the case is not
tried here.
Mrs. Terry is here at her hotel and
has seen number of friends during the
day and evening. She had intended to
remain here indefinitely until the dispo.
g. ion of Nagle's case was made known,
but it is reported tonight that she will 90
to Fresno tomorrow.
The Di trict Attorney returned tonight
and had an interview with the widow.
N r. Harris, Of the United States Secret
S-rvice, also arrived tonight from Mar
hal Franks Office, San francesca.
It ia supposed that he is here on busi-
n ass connected with the Terry case,
Speaking of the denial of the friends of
Terry that the deceased made no threats
against Judge Field, Harris says he was
in the Circuit Court when the trouhle