Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1889-08-29
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A Question ms 60 Whether ne Can
be Held by the Federal Officers.
SAN Francisco, Aug. 22.-It has BEEN
arranged between the lawyers.on both
sides that when Deputy Marshal Napiefsl
for till Wednesday next to give oounsel)
for the defence an opportunity to inves-l
tigate the Law. The lawyers are beginning
to fear that Maggie cannot be'heid BY tina
United States authorities.
Judge Sawyer IN reported to be doubt,
full Of their right to interfere in Hagle,s
case, as he claims. d
Maggie cannot claim to b. an officer
of the circuit cotx. as Judge Field oan.
II he refuses to recognize the Federal
right to interfere Maggie will be promptly,
returned to Stockton Jail and will bel
tried there.
The sentiment here In regard to his
action is still divided, but in the country,
judging from editorial opinions, thresJ
fourths Of the people believe be showed
great eagerness to kill Terry. Theresis
no way Of proving or disprovipg Porter.
Ashes statement that Judge Heydenfaltit
OF San Francisco, received letter froin
Field Offering his support TO Terry if
Terry would agree to support him for the
Presidency, Field denounoes Ashes state,
ment as malignant lie, but Heydenfeldt'
refused to say word.
Mrs. Terry reached here last night and
Is expected to be present in court to-day,
when kngle's case comes up.
The state supreme court yesterday
denied rehearing in .he Sharon Terry
case Of its last decision In which Judge
Sullivan's Judgment was reversed,
SAN Francisco, oAL., Aug. 26.-Dis.
triot.attorney White Of San joaquin was
expected here last night He left Stsos-
ton 80 he may evads delivery Of the
state attorney generals letter authorizing
him to dismiss proceedings in the
case against Justics Field. This let
ter is in the Stockton post-offioe
and Fields counsel declare that IL White
does not get 1t they will have State A.
torney-general johnson take the case ont
of his hands. Whites friends say this
cannot be done and that White Is jusli-
fed In his course by the grave charges of
conspiracy which Field brought against
him in his legal traverse last week. :
Meanwhile Sarah Althea Terry N out
in bitter letter denouncing Attorney
general johnson for his interference. II
is said Judge Sawyer has great doubts Of
the power Of the Federal courts to inter.
fere in Nagle's case and the deputy mar
shall will have to return to Stockton and
stand trial in the state courts.
Some of his friends assert that Terry'f
partissns will shoot him il he is returned
to Stockton. but no one believes this.
Sentiment has turned somevha. against
Field because OF his attacks on Sarah
Althea Hill and his evident desire to use
Federal power TO protect Maggie.
At Stockton, California, Monday, Dis
trict Attorney White appeared befor.
Jnstioe of the Peace Swain and moved
to dismiss the warrant issued against Jus
tice Stephen j. Field, charging him with
being party to the killing o, David 3
Terry, and which had been sworn out b,
Mrs. Sarah Althes Terry. This action O
the district attorney was based on q let
ter OF the attorney general Of the state Il
the district attorney directing that sucf
: course should be followed.
The United States circuit court IL Bar
, Francisco was Tuesday officially in
, formed that the charge OF murder sgsins
Justice Stephen j. Field had been dis
missed by the Stockton court. Judg
Sawyer accordingly dismissed the habes
corpus proceeding in the case. The cas-
OF Deputy Marshal Neagle was also take
up, and Judge Sawyer announced that I
time would be set for the taking OF test
! mony and arguing the law points in re
|, gard TO the jurisdiction of the FEEDERS
court.