St. Paul daily globe., 1892-01-03
ELLIOTT Is HELD
To Prevent a Clash of Courts in
Jurisdiction.

l.. e. Elliott, the man charged with
robbing the Coffeyville, Kan, postofiice
in May last, had hearing on writ of
habeas corpus yesterday before Judge
Egan, and was remanded to the custody
of the sheriff to be safely kept until the
preliminary hearing Tuesday at 10 a. IN.
before United States Commissioner
Tighe. Quite collection of people
were present at the argument of the
writ OF habeaS corpus before Judge
Egan in Court Room No. l. The pris-
oner listened earnestly. His wife sat
by his side ana gave close attention to
the proceedings. Assistant United
moved to Quash the writ on the
grounds that the state authorities
had no jurisdiction where the fed
eral authorities have cOgniZance
by regular proceeding already begun;
in other words, there would be /; con-
tlict between federal and state authori-
ties fer an otfense which is strictly an
Otfense against the United States laws
III case the hearing on this writ should
be proceeded with. Judge Egan asked
MIR. Edgerton to define his position
briefly and 10 cite his authority, which,
being done, he stated that he was ready
to hear Mr.. Johns, the attorney for
Elliott, on the point of jurisdiction.
Judge Egan said that, suppose he should
order the prisoner discharged and the
marshal should refuse to surrender the
man, and the contest should be extend
ed until the position should be reached
that the militia OF the state would
be pltted against the United States
armies. Then he asked what remedy
Mr.. Johns would propose. The latter
was somewhat stumped by the position
taken by the court, but proceeded to
argue that the man had right to
hearing as to the probable cause of hold
ing his client. He had witnesses pres
ent ready to prove all allibi, in case
general hrarlng on the writ was
reached. Mr.. Edgerton asserted that
he had copies of several indictments
found against Elliott, and they afforded
sufficient evidence to warrant the man
being held to answer on any one of
them. After hearing the arguments on
both sides, Judge Egan said 1t appeared
that no objection to Jurisdiction was
raised before the commissioner. IL
would not be courtesy to bring pris-
oner from the federal court to state
court and discharge him without all Op-
portunity being given to the United
States to Investigate and see il he
should be held to answer the charge.
ln such case the state would not call
upon the power of the state to keep the
prisoner from the power of the Federal
authorities. There is no course left
but TO remand the prisoner" was the
concluding sentence OF Judge Egan in
the matter. PoStoffice Inspector Sulli-
van, of st. Louis, was one of the specta-
tors at the hearing. He said that he
had man here from Kansas who will
identify Elliott when the proper time
comes. 1t has been stated that the evil
dence of friends to the effect that he
was in st. Paul at the time of the Cof-
feyyille postoffice robbery will be re-
butted. In case he should be released
on that charge at the preliminary hear
ing on Tuesday he will be re-arreSted on
! other charges. Inspector Sullivan is
loaded with q series of indictments and
warrants and seems confident that he
will be successful in carrying the man
to Kansas to stand trial.
The Savings sank OF st. Paul,
Southwest corner of jackson and Fifth
streets, always has money to loan on ap-
proved security at 6, Z and per cent,
without commission. Capital and sur
plus, $l25,000; deposits, 81, 250.00O.
JOHN S. PRINCE, President.
EDWARD d. MEIER Cashier