Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-08-18
NAGLE IN COURT.

connect ed with the case knew OF 1t.
NAGLE IN COURT.
He is Remanded to the Custody of the
United States Marshal.
SAN Francisco, August 17th.-SheriffC Cum
ningham, alter the writ, which commanded
him to produce Nagle in the Circuit Court
forthwith had been served on him, tele-
graphed to District Attorney White of
Stockton informing him of the. fact, and
asking if there was any way to get around
it. After taking advice, however, Mr.. Cum
ningham thought it would be best to obey
the writ, if he did not wish to get in jail
himself. So in order to avoid trouble of
any kind on the part of Terry's friends, he
secretly engaged a special train, on which
he, Nagle, District Attorney White, Judge
Mcguire and one or two others interested
in the case left Stockton for this city at
o'clock this morning. Maggie was taken, on
arriving here, directly to the city prison, to
remain until II o'clock the hour for his
appearance before Judge Sawyer.
He was very quiet and did not look
ANXIOUS in the least when seen by re-
porter. He, of course, refused to talk
about the case, but said, when asked if he
were not glad to get away from Stockton,
w W oto9 lACIC lLiSht
county and have the matter settled" He
knew nothing of the proceedings whatever,
they having been instituted by his friends
without his knowledge. He said that of
course, he heard nc violent talk of any
kind in Stockton, but he was not afraid to
stay there anyhow.
As soon as NagIes arrival was generally
known he was visited by host of friends,
among others being ex-Judges Koran and
Toohy, Jake Rudolph, Sam Rainey. Jere
Driscoll, W. II. Harrison and ]. d. Long.
At 1915 Sheriff Cunningham, in COM
pany with Chief Crowley and Captain
Lees, visited the prison and took Maggie to
the United States Court.
The news of the arrival of Deputy United
States Marshal David Nagle in this city on
a special train spread rapidly this morning.
When it became finally known that habeas
corpus proceedings in his behalf had been
instituted in the United States Circuit
Court, many people visited the Appraisers
building, some few for the purpose of hear
ing the proceedings, but the greater num-
Der for the purpose of seeing the now noted
Deputy Marshal. By 8 o'clock the little
knot of reporters in the corridor outside
the Office of Marshal Franks had been aug
mented by many of the curious, who peered
cautiously into the Courtroom, and craned
was going on in the inner Office of the Mar
shall. Contrary to general custom, the Off
Gals of the Courts were early on hand
The offices of the Clerks of the District and
Circuit Courts were opened at O'Clock
an hour earlier than usual-but the Off
Gals did no work, preferring TO talk of the
stirring occurrences of the last few days.
AT 8 O'Clock Marshal Franks, who had
been early at his Office, left the building to
pay visit to his deputy in the City Prison.
The first of the United States Judiciary to
arrive was Judge Sabin of the Nevada Dis
trict, and be passed hurriedly into the
chambers of Circuit Judge Sawyer, where
he remained closeted with the Clerk of the
Court.
A CURIOUS CROWD.
The habeas corpus proceedings were set
for IL o'clock, but by $50 large number
OF the attorneys interested in the case were
in consultation in the chambers of the Cir.
cult Judge. Among them were United
States District Attorney Carey and his as
sistants, Messrs. Hatch and Weller, District
Judge Brewer of Illinois, and Messrs. Her
rim, Dudley, Campbell and McPike. Before
10 o'clock the crowd in the corridors began
to increase, and in addition TO those inter
ested directly in the case and the crowd of
curious spectators, quite nun Der of poll
ticians and adherents of Boss Buckley
were in attendance, the more prominent
among the latter being Jake Lindo and
Jake Rudolph. At 10 o'clock the elevator
brought up the principal actor in the scene
ia the person Of Dave Magic his immediate
body-guard being Chief of Police Crowley,
Captain Lees, Sheriff Cunningham and
United States Detective EarEis.
NAGLE IN COURT.
Theshour of II o'clock was not waited for
in order to institute proceedings, for shortly
after 10 o'clock Clerk Sawyer entered the
Courtroom with pile of books under his
arm, and a few minutes later Judges Saw
yer, Sabin and Brewer entered from the
side door leading to the chamber OF the
former Judge. A buzz of expectation was
heard from these in the Court room, and
almost Immediately the crowd that filled
the corridors entered. Behind them came
David Nagle, escorted by the body-guard
mentioned, augmented by Mar
shall Franks and four or five of his depu-
ties. EX-Judge Mcguire and District At
torney White appeared in behalf of the
authorities Of San Joaquin county, and
seats Immediately in front of the |
United States Judges. To the right of Mr. |
White sat Sheriff Cunningham, the pr;s-
oner and Captain Lees. punched at the
end of the long table were Marshal Franks
and his deputies and large number of
United States officials. On the left of Mr. |
Mcguire sat United States District Attorney
Carey, surrounded by the counsel for the
prominent among whom were
Messrs. Herrin, Meesick. McPike, Dudley
and Campbell. The body of the Court
room was densely packed, every Office in
the building contributing its quota in addi-
lion to those who had no special interest in
The case. Among the throng were large
number of lawyers.
SAGLE TURNED OVER TO THE U. s. MARSHAL.
Ex.Judge Mcguire opened the proceed |
ngs by stating that the Sheriff of San Joa- |
luin county was present with the person of |
David Maggie, as he had been directed by |
The Court. The return of the Sheriff was |
hen read, and attached to it was the war |
rant under winch Nagle had been held. |
Mr.. Mcguire said that the de- |
PENDANT having been produced by order of |
he Court, he desired to show that he was |
held in the custody of the State authorities |
under proper warrant. The State was an |
and the United Ststes Courts |
had no right 20 NEEDLE with her preroga- |
ives. The writ, however, opened an i'm |
oortant question, which he was not pre- |
pared to discuss to-day, the notice given |
him having been too short. he would pre- |
Ter to have the hearing postponed TO not |
very distant eav, as it was the desire of |
himself and Mr. White to adopt such plans |
rs would bring the question clearly and |
distinctly before the Court.
There being no objection made to this, |
Judge Sawyer named Thursday next as the |
line for hearing the argument on the writ. |
Mr.. Mcguire then asked what disposi- |
ion would be made of Nagle in the mean
while. He objected to him being taken |
rom the custody of the State authorities
from the custody of the independent SOW
sreien whom we represent.
Judge Sawyer held, however, that until |
he writ was heard and decided Nagle was |
N the custody of the United States Court, |
and his proper custodian was the Marshal /
If that Court He therefore ordered the
prisoner into the custody of Marshal |
Franks.
This course had been anticipated and |
Franks, Chief Crowley. Captain Lees,
sheriff Cunningham and Nasle at once left
he Courtroom and crossed the cprIidor TO
he Marshai's Office, The Judges descended
rom the bench. The audience il ed CUT. and +
.no.her scene in the tragedy was ended.
When Deputy Marshal Nagle returned
rom the Courtroom to the Marshafs
flee, in company with Marshal Franks
md Chief Deputy Ferish, be was sur