The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-07-29
BRUGGY'S FIGHT FOR LIFE.
A Contention That Sheriffs Have
No Power TO Hang Murderers.
The Matter Is Argued at Length Before
Judge KeKenna, Who Decides Against
the Petitioner and Remanas Him

George W. 81. Bruggy, the SonOma County
murderer, was again before Judge McKenna
Of the United States Circuit Court yester-
day on writ Of habeas corpus. He is under
sentence Of death. Sheriff Mulgrew has a
warrant for his execution tomorrow Yes
terday made the second time this week that
he has been taken out of his condemned
cell at Santa Rosa to be brought to San
Francisco. The legal point involved in the
present effort to save him from an ignomi-
NOUS death is that the Legislature OF Cali.
fornia repealed the law authorizing Sheriffs
to hang feIOns when they amended the
Penal Code so as TO require the execution OF
murderers within the walls of State
prisons.
After two hours and half of argument
by Carroll Cook for the prisoner and At
torney-General Hart for the State Of Cali
fornia Judge McKenna ordered Bruggy re-
manded back into the custody of the Sheriff.
The wife Of the condemned man hung her
head in despair and big gl0bule glistened
In a crease in her veil 1t was a woman s
tear, tremuIous in the fading light of day,
with the unspeakable anguish that gave it
birth. She put her handkerchief up be-
tween her face and her veil and with her
lett hand she clasped her husbands elbow.
He gave his red mustache two or three
strokes, looked intently at the carpet and
then took cigarette out OF his pocket and
Logan rolling 1t between his palms.
Not many people were present TO hear the
Arguments. Lawyers, court attaches, re-
porters and clerks employed in the APP
praisers' building made up the two score of
persons who occupied seats in the court
room.
Sheriff Muigrew and Deputy Sheriff
IoOmbs, Of SonOma County, brought their
prisoner in at o'clock. After his hand
cuffs had been removed BTuggy and his wife
took seats together and sat in one position.
both upright, throughout the proceedings
cAKRoLL COOKS PLEA.
Carroll Cooks first plea was for more time
lie had, he said. been only served that
morning with the copy of the amended
answer to the petition. He wanted time to
prepare bis argument. Attorney General
Hart objected, and the Judge ruled that Mr.
Cook should proceed.
Some time was occupied in reading the
papers in the case. In his replication to the
amended answer Mr. Cook cOntended that
The answer was Insufficient that Bruggy
was citizen Of the United States convicted
Of murder in the Superior Court of Cali
f0rna; that the only law on the statutes of
. California infiicting tie death penalty inn
posed upon the Nardens Of State prisons
The duty OF executing Judgment; that
Sheriff Mulgrew was not the Warden of any
Sotate prison; that at the date of the issue
II the death warrant in BruRgy's case the
Wv authorizing Sheriffs 20 hang felons had
lgven repealed, and that the only laws then
IN existence for the punishment Of persons
convicted of murder in the first degree when
Bruggy was sentenced was one requiring
prisoners to be hanged in the State prison
and the other DflictIng life i'm IMPRISONMENT.
Judge McKeBna-Th the whole conten-
ton Is as to what officer shall execute him?
Mr.. Cook-We claim that there is no law
empowering the Sheriff to execute him.
Judge McKenDa-W My is he brought into
this court?
MIR. Cook-Because he is a citizen of the
United States.
Judge McKenna did not perceive what
function the United States court was called
upon to exercise In the case. So far the