The record-union., 1894-07-23
TWAS DEPUTY HUDOON'S BLUNDER.
Why-the Soldiers Were Marched Into
the Courthouse.
Judge Catlin Took Common Sense
View of the Incident and Dis
missed the Deputy.

been cited to appear and show cause why
he should be punished for contempt III
marching a squad of armed soldiers into
the Courthouse few days ago when the
Dunsmuir prisoners were in the courts
custody on writ of habeas corpus.
General Dickinson appeared as counsel
for Hudson, while a. L. Hart was pres
ent as prosecutor. In an affidavit signed
by the Deputy Marshal he set forth:
ION the 10th day of July was Dep
uty Marshal and was directed by Barry
Baldwin to go and show detachment of
United States soldiers where the Court
house is, who were to go there as wit
nesses in a habeas corpus proceeding
concerning the Dunsmuir prisoners, and
to return the prisoners to the custody
of the United States Marshal, unless the
court ordered otherwise"
After the usual preliminaries the law
yers got down to business, anu Mr.. Hart
called as his first witness Under Sheriff
Peter Rooney, who testified that Deputy
Marshal Hudson and squad OF soldiers
came to the door of the Sheriffss office and
asked if the Sheriff was in. Witness told
the deputy he could wait on them and
asked their business. Hudson replied that
he wanted the Dunsmuir prisoners. Wit
ness said he did not have them; that they
were up stairs in Judge Catlin's court
and showed him the way up stairs. The
soldiers were stopped in the hallway at
the door OF the courtroom and directed to
seats on bench in the hall.
On cross-examination General Dickin-
son asked the witness if it was not little
queer that he should go out Of his way to
conduct the soldiers by short route to
the courtroom if he understood they were
there to forcibly raid the courtroom.
Rooney replied that he did not see
what else he could do. He admitted that
no attempt was made to enter the court
room after the Deputy Marshal had been
told not togo in.
District Attorney Ryan, who was in the
Sheriff's office when the soldiers pre-
Sented themselves, testified that he
thought the Deputy Marshal said he
wanted those Dunsmuir prisoners. He
did not hear him say he demanded them.
He supposed it TO be in the nature of an
inquiry for the prisoners, and that they
had come to the Courthouse to guard
them,
j. G. Mansfield, a newspaper CORE
spondent. testified that he had a conversa-
ton with Deputy Hudson, and that the
latter told him he had been sent to the
Courthouse to take away the Dunsmuir
prisoners. Hudson and Marshal Bald
win had little dispute as to what the lat
ter'S instructions to him were. Baldwin
declared the deputy had misunderstood
him, and the latter claimed that the
Marshal must have been "rattledD at the
time he gave his order.
The impression made upon the witness,
from his observation, was that the SOL
diers were sent to the Courthouse to guard
the prisoners in case they were remanded
To the custody of the Marshal.
Sh60han faCfifia0 that ho sow
Marshal Baldwin going down I street in
a carriage lat the time the habeas corpus
proceedings were in progress, and
shortly afterward he saw the soldiers
come up.
Sheriff O'Neil made a statement of
what occurred in the courtroom at the
time of the soldiers visit. The deputy
told him in the hall the men were tired,
and witness directed them to a bench in
the hallway. The deputy was very gen.
tlemanly and said nothing in opposition
TO witness demand for the posse to leave
the Courthouse. He saw nothing in the
conduct of the men to indicate that they
intended to use force of arms. All he
knew of their supposed intentions was
from hearsay.
l.. i. Hudson, the Deputy United States
Marshal who escorted the soldiers to the
Courthouse, testified that Marshal Bald
wins instructions to him were to take
squad of soldiers to the Courthouse as
witnesses in the case of the Dunsmuir
prisoners.
When he reached the Sheriff,s office he
inquired for that official and was informed
that he was up stairs in court. Being
asked by Under Sheriff Rooney what his
business was, witness replied that he was
there in regard to the Dunsmuir prison.
ers, and the Under Sheriff went along
and showed the men the way to the door
@xff 90
went into the courtroom and witness and
the men remained outside. Presently
Sheriff O'Neil came out and said he didn't
want any armed soldiers in the Court
house, and requested them to leave. They
did so, and shortly afterward the Sheriff
invited the witness into his office and
treated him to cigar.
Deputy Hudson explained the inter-
view with Reporter Mansfield by saying
that he tthe witness) must have been rat
tied when he received his instructions
from Marshal Baldwin. He did not say
the Marshal was ratified. He had the i'm
preston at the time that he was to escort
The prisoners away from the Courthouse.
His instructions were to show the sol
diers to the building.
The witness said he was reprimanded
by the Marshal Tor what he had done and
the Marshal convinced him that he had
mistaken his instructions.
Judge Catlln asked the witness num-
ber of questions, but it was evident that
he had not very clear conception OF
anything In connection with the affair
The Sergeant in charge of the squad of
eight soldiers on the day the latter visited
the Courthouse testified that the instruc-
tions he received from the Lieutenant of
his battery were TO take the men to the
Courthouse to testify as to the circuin-
stances of the arrest of the Dunsmuir
men then before the court on habeas COR
pus. Deputy Marshal Hudson was sent
TO show them the way. He deemed it
necessary for the men to carry their guns
for self-protectiOn. It was the intention
to leave the arms in the hallway The
instructions had been all along for the
men to keep their arms with them when
out on any duty.
AS nearly as he could tell, Deputy
Marshal Hudson said to Under Sheriff
Rooney that he was present at the Court
house in regard TO the Dunsmulr pris-
onerS.
To Judge Catlin the Sergeant said he
was not under the command of the
Deputy Marshal. nor to execute his
orders. If the Deputy had found the
prisoners downstairs and had ordered
the witness to take them he would not
have obeyed such an order. The men
that visited the Courthouse belonged to
the squad that arrested the Dunsmuir
prisoners.
Without waiting for the attorneys to
deliver long arguments, Judge Catlin re-
viewed the circumstances at some length.
He said it was evident there had been a
misrepresentation on the part OF the
deputy, and no design by Marshal Bald
win TO manifest any disrespect toward
the court. 1t was patent that if the Mar
shall wanted the custody of the prisoners