Los Angeles herald., 1892-07-02
SOME NICE POINTS,
Is Marsh Illegally Imprisoned
in San Diego.
The Authority of State Officials Over
Federal Authorities.
A Petition for Writ of Habess Corpus
Before Judge Ross--The Points
of the Document-An In
terssting Question.

by Copeland & stephens, WHICH Jalses
a most important point OF conflict be-
tween the laws of United States and
the laws of the state of California. In
fact the case in many of its bearings
trenches on the points decided in the
famous Nagle-Terry case. The points
are shown by the following extracts
from the petition:
The petition of George E. Gard on
the behalf of A, w. Marsh, respectfully
shows unto your honor that the said A.
w. Marsh is unlawfully imprisoned at
the citv and county OF San Diego, within
said ninth judicial circuit, and southern
district of California, and that he, the
said A. w. Marsh, is SO unlawfully inn
prisoned by one Folks, sheriff OF the
county of San Diego.
That the said imprisonment is illegal,
and that the illegality thereof consists
in this, towit:
That at the times herein after men
toned. the said A. w. Marsh was and
still is legally appointed and acting
deputy United States marshal of the
United States for the southern district
of California.
And your petitioner further shows un-
to YOUR honor that he, your petitioner,
in order to enforce certain laws OF the
United States, generally known as "the
Chinese exclusion act," and prevent
Chinese from entering into and upon
the soil OF the United States by cross
ing the line between the Republic OF
Mexico and the United States, ordered
and directed the said A. w. Marsh,
deputy United States marshal, to pre-
vent the coming into the United States
of any Chinese.
And your petitioner further shows un-
to your honor that the said Marsh, act
ing under the direction as aforesaid,
given by vour petitioner as aforesaid,
and in order to fully carry out and
discharge his duties as such United
States marshal, to proceed to the line
between the United States and the Re-
public of Mexico, and ascertain if any
Chinese were being brought across the
said border and entering the Uniled
States contrary to law.
And your petitioner further shows
unto your honor that the eaid A. w.
Marsh, acting under the direction afore-
saide SO given by your petitioner as
aforesaid, reported to your petitioner
that a large number OF Chinese, by the
dlQ anu dH5iSLduCc Vi IIuWdLQ OlOobh-
waite, were coming across said border
and entering the United States con-
trary to law, and also that the said Ed
ward Crosthwaite, aiding said Chinese
to unlawfully enter the territory of the
United States and contrary to the pro-
visions OF the said act and known as
aforesaid, was pretending to be trading
in cattle and other stock, by bringing
the same from the Republic of Mexico
to and within the borders OF the United
States, and in many instances, as your
petitioner ia informed and believes,
evaded the payment of duties on such
stockan cattle as by law required, and
used the importing of such cattle and
stock as pretence of aiding and assist
ing Chinese to come into the United
States, contrary to law and for the pur-
poses of defeating the just administra-
tion of law with reference thereto.
That upon your petitioner becoming
convinced that large number of Chi
nese, to wit, the number of 500, were
Illegally being brought into the United
States across the line between the re-
public of Mexico and the United States,
and under the aiding of Edward Cros-
thwaite, and i'll order to enforce the
laws of the United States, your petit
TONER authorized said A. w. Marsh,
United States deputy marshal, and gave
instructions to him to carefully enforce
the laws of the United States with ref
erence to the Chinese exclusion act
and the payment of duties upon stock
being brought from the republic of Mex
leo to the United States.
And your petitioner further shows
unto your honor that the said A. w.
Marsh, acting under the direction OF
your petitioner, and while he was such
United States marshal as aforesaid, he,
the said A. w. Marsh, after the investi-
cation by the said A. w. Marsh, acting
as aforesaid, your petitioner, upon the
of San Diego, in said southern district Of
California, directed the said Marsh to
consult with Willoughby Cole, the then
United States district attorney for the
southern district of California, and that
upon detailing the facts with reference
to the smuggling of the cattle and other
stock by the said Edward Crosuhwaite,
and not paying the duties as required
by law and. herein before set forth, as
well as the question as to how to stop
the influx of Chinese from unlawfully
coming into the territory of the United
States contrary to the acts aforesaid
and other matters and things in refer.
ence to the evasion of the laws of the
United States, he, the said A.W. Marsh,
was by the said Cole acting as aforesaid
instructed as to the methods he should
employ to enforce the laws OF the United
States with reference to the influx o
Chinese, and payments of the duties
upon the cattle and stock as herein be-
fore mentioned, and that upon the sale
consuition with the said Cole, United
States districr attorney aforesaid, he, the
said Cole, instructed the said A. w
Marsh, deputy United States marsha
aforesaid, to perform certain acts anc
things with reference to the said SNUG
Cling and Chinese exclusion act, which
will more fully and at large appear by
the affidavit of the said Willoughby
which is hereto annexed and
marked exhibit B and made part
hereof and which your petitioner pray
may be read as part OF this petition
which said instructions and orGers A
w. Marsh, United States deputy mar
shal aforesaid, was attempting to fulfil
and carry out when he, your petitionel
was informed that the charg,
OF kidnapping was to be lail
against A. w. Marsh. Edward Crath
waite filed an affidavit before w. A
Swane, pretending to be justice of th'
peace OF San Diego county, and war
rant was issued and Marsh arrested