Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-08-19
TAKEN TO SAN FRANCISCO

NAGLE TAKEN TO SAN FRANCISCO
Question OF Jurisdiction Between State
and Federal Courts Raised.
DETECTIVES GUARDING JUSTICE YIELD AT THE
PALACE HoTEL-sARAH ALTHEA INTERVIEWED At
srocKroN-HER BITTERNESS AGAINST YIELD
nxvuIsroN OF FEELING IN FAVOR OF xAaLx.
Deputy Marshal Maggie, who shot and killed
David 8. Terry at Lathrop last Wednesday, was
removed from Jail at Stockton, GAL, by Sheriff
Cunningham an hour before daylight Saturday
morning and taken to San Francisco on . special
train. This proceeding was based upon . writ
of habeas corpus issued by Judge Sawyer Of
the United States circuit court directing
Sheriff Cunningham to produce Maggie in the
circuit court at II o'clock Nagle was taken
from Stockton jail at an early hour in order to
avoid the excitement which his removal during
the day might have occasioned.
great number of persons were present in
the court room when Maggie appeared Attorney
Mcguire introduced District Attorney White Of
Ban Joaquin county and said they appeared
CONFORMITY to oppose the release Of Maggie by
the federal authorities. The attorney, after
reading papers connected with the proceed
ings, entered general protest to the order Of
the court, claiming that It was beyond the
jurisdiction of the federal courts to take from
the custody OF q state official person who had
been arrested for the commission Of . crime
state laws.
If the court please" said Attorney Mcguire,
I'VE desire formally to protest against any re-
quirements of this court to the sheriff of San
state authority into this court on 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 attor
ney then proceeded to read the written return
ma ADDED; I'VE shall take the position on be-
half OF the people OF the state Of California
that MIR. Nagle is in the custody of the state au-
tholities and that the federal courts have no
jurisdiction to take q prisoner from the custody
OF state officials. That objection gives rise to
very important question, which We are not at
present prepared to argue"
Judge Sawyer said: at does present very
important question. The claim on the part Of
the prisoner is that the acts complained Of were
committed in performance 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 and
probably for ascertaining the facts. 1t perhaps
might be as well to postpone the matter for q
week to give counsel opportunity to decide
what is the proper course to pursue"
After comforting the lawyers decided they
next Thursday, and the hearing was set for that
date, Deputy Nagle returning to Jail under the
custody Of a United States marshal.
Detectives Guard Justice Field
A special to the Philadelphia Times from San
Francisco says that detectives are watching
every train that comes into San Fancisco, and
at the Palace hotel, where Justice Field is stop
ping, two or three men hang around the corri-
dors. These are deputies who have been
designated by the United States marshal to
protect the associate justice from any possible
attack that may be made by Terry's friends
The detectives at the railway station in Oak
land and at the ferry are looking for Sarah
Althes the widow, who has sworn she will have
the Justices life. At last accounts she was in
Stockton but was preparing to leave, presum-
ably for this city, although it was given out
that her destination is to be Fresno, her home
She has not slept an hour since the tragedy and
continually calls for her darling and the punish
ment OF Field. the murderer. She was very
much excited when she heard that Deputy
Maggie had been spirited away to San Francisco.
She also detained about states rights.
SARAH HAS NO PLANS.
In regard to her plans she said she had not
made any definite arrangements. She said that
the judges affairs were in a very unsettled
state, but from the examination that had been
made it was plain that the estate was heavily
her WEAKNESS and spoke with all her old time
force and vigor, thus effectually disproving the
rumor that her mind was affected by the great
strain and sorrow of the last few day. II ID
known that she was attempting to get up q
crowd to storm the jail at Stockton, and evid-
ences Of this came out when its was discovered
that Maggie had been taken away.
David Maggie seemed to be happy as he sat in
the Office of the county Jail and converseo with
the friends who called upon him. So many
persons called that the deputy sheriff in charge
of the Jail vacated the Office so that he and
his friends could converse without restraint.
The majority Of his visitors were political
workers who had formerly been connected with
him. and to them he related the circumstances
Of the tragedy. The subject was distasteful to
him, however, and he asked his visitors to dis
cuss some other matter. Nagle'swife and child
arrived early In the forenoon and remained
with him during the evening, leaving the jail
about o'clock.
EEvuLsroN OF FEELING.
There seems to be revulsion Of feeling in
some circles in which Terry was popular, aud
many persons who endorsed Field at first are
bowling for his arrest and trial. fund has
been started to prosecute Field at Stockton and
now amounts to $4,000.
The proceedings next week are awaited with
interest. as great legal question is involved
The leading lawyers Of the state have been en-
gagged by Mrs. Terry to prosecute. She will
attend the hearing in person. In regard to the
future proceedings the first points to be raised
by the petitioners will be the lack of iurisdic-
ton of the state courts, and that the homicide
was committed by federal officer in the per-
formance of his duties and while within the
jurisdiction Of the United States circuit court,
1t will be claimed, the attorneys for Maggie say,
that Justice Field possessed the powers of his
court In view of the fact that while travelling
between Los Angeles and San Francisco he was
within the jurisdiction of his circuit. In an in
terview with Lawyer Herrin, who is of counsel
for Justice Field, he said tht he believed the
federal court had jurisdiction in the matter for
the reasons assigned above.
Mrs. Terry Interviewed.
Mrs. Sarah Althes Terry was interviewed at
Stockton, and when asked what she intended
to do said:
"What can do? was waiting for the ex-
animation next Wednesday. 1t will never take
place. They will release him in San Francisco
and this county will not have . say in Judge
Terry's murder"
'You think that he will not be returned
here?'
II am positive Of it, for they can secure SUI
perior advantage by taking him to San Fran
cisco, which of course has been DONE"
Mrs. Terry then went on to describe the trag-
edy, and said: Judge Field not the aggressor!
Who then was? Had he not risen to defy Judge
Terry the affair would never have fakeu vJoco