Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1892-10-14
THE CASE OF DEPUTY cARRlco.
Tho Supreme Court Asked to Remand Him
TO the state Authorities.

TO the state Authorities.
Attorney. General X. TAYLOR Scott is
still in Washington, where tomorrow
be will argue before the United States
Supreme Court the motion submitted
bv him on Wednesday for the issuance
Of writ of mandamus against Judge John
Paul. Of the Western District OF Virginia,
compelling him TO return to the Jailer OF
Smyth (for trial in the County Court OF
Joseph II. Carrico. who Is charged
with the murder OF James NJ. Lewis.
The case Is OF quite an unusual charac-
ter, and is attracting good deal OF atten-
tion. especially among the legal fraternity.
The proceeding also has special political
significance IN view OF the fact that the
manner Of Carrico's former trial Is some
what akin to what we would experience
were the force bill OF the radical Repnoii-
cans to become law. When the petition
was presented on Tuesday A.torney-GeD..
eral Miller said that he bad not heard OF
the case until the night before and was not
acquainted with any OF the documents on
file. In view of the novelty of the case
and to give him time to look INTO II. ne
suggested postponement OF consideration
for few days. The matter was then BET
down for hearing on Saturday.
The chief question involved In the present
proceeding IS whether the Federal courts
have Jurisdiction in cases OF this kind: Nell
son. who is said to have been what 10
known in the Southwest as "blockader,
was shot and killed by Carrico. O deputy
United States marshal, in public road
in Smyth county, December ii. 1871. ~
appears that the deputy had prisoner IN
charge and was taking him TO tue county
prison on horseback when they
met, short way from village,
James NJ. Nelson and bis brother,
the latter of whom had over his
shoulder bag containing what was sup
posed to be Jug OF Illicit whlskey: Car
rico accosted the couple and asked what
they had. One of the brothers repiled
something to that effect, and the one who
did not have the bag made a motion as II
20 draw o revolver. The deputy there
upon pulled out his pistol and tired the
fatal shot. There was q conflict or testi-
monv as to whether Nelson showed his
pistol, the deputy claiming thathe did.
Carrico was arrested on warrant issued
by Justice of the peace and 1ndlcteo IN
the Smyth County Court for murder. Be
fore tho time of his trial, however, writ
of hdbeds corpus cum cdus1 was ootalneu
from Judge Paul, who, on May IA, lS92,
after argument by counsel, entered an or
der removing the case to the United states
Circuit Court, where the deputy marshal
was tried later and convicted of vol
untary manslaughter. Judge Paul set the
verdict aside. granted new trial. and
balled the prisoner on his own recognI-
Zance. The record in the original case
makes ninety-four printed pages and be-
sides this is the Attornev-GeneraPs petit
ton for mandamus and the transcript
from the record IN the eI-Ddrte proceed
ings.
The defence of the prisoner appears TO
have been that being a deputy marshal 1t
was his duty under section Gas OF the Re-
yised Statutes to arrest Nelson for viola
ton of the revenue laws. The State au-
thorities claim, on the other hand, that he
was IN the discharge of his duties rs a
deputy marshal: that he was IN no sense
an officer in the revenue service; that his
powers are defined in section 1888 to be the
same In executing the laws of the United
States as those of a sheriff or deputy IN
executing the laws of his State, and that
he had no right TO arrest without war
rant.
The Acknowledgement in the name of the
State of Virginia ASKS that Judge Paul be
made to show cause why the writ of man.
damus shall not issue to command him to
remand the case to the County Court tor
trial, and to restore Carrico to the custody
of the jailer of Smyth.
The second trial of the case had been
fixed by Judge Paul for Yesterday BUTT has
been postponed until the Supreme Court
acts. Messrs. Frank s. and j. G. Blair
represented the prisoner and Major Scott
and Commonwealth's-Att A. Nj.
Dickinson appeared for the Commonwealth
on the trial.