The morning call., 1894-07-17

information to the Judge in a whisper
ne scene which followed was thrilling
Inc venerable jurist arose from the bench
and trembling with suppressed excitement
| said
soldiers with bayOneted rifles are out
size In the corridor. and l am informed
are mere to take these prisoners from the
room. L command everybody in this court
deputy sheriffs, police and others-to stay
here and resist any effort to take away
these prisoners"
General Hart Indignantly demanded to
know II armed men were 10 be permitted
10 lntlmldate the courts.
Deputy United States District Attorne y
hhlgnt said there must be some mistake,
ahd going out to the corridor returned
Win the information that the troops had
ac'eo under misrepresentation.
At this juncture Sheriff O'Neil appeared
upon the scene and demanded that the
troops leave the courthouse at once. He
insisted that martial law had not been
proclaimed. and consequently the military
was not supreme. The soldiers then re-
tired aud the excitement subsidized.
Jadge Catlin's ruling on the petition for
writ Of habeas corpus remanded the
prisoners to the custody of Chief of Police
Drew.
The clash of authority between the civil
courts and the military is thus explained.
Seyl0r, Teas and Heckle were arrested
yesterday on a charge of grand larceny, as
stated, and while bonds we're being ar
ranged for were allowed the freedom Of
the city Jail. They were seated in front of
the jail when an engine guarded by num-
Der OF soldiers passed. They applied vile
epitllets TO the engineer aud fireman in
charge OF the engine. so the soldiers state,
Whereupon the latter arrested them at the
point OF the bayonet and took them t. the
guardhouse at the depot. Chief Drew de-
manded The return Of the prisoners, but
Marshal Baldwin refused positively to
give them up. A. L. Hart, attorney for
the men, then began proceedings in habeas
corpus for the purpose OF restoring them
to the privileges to which their citizenship
entities them.
In explanation of the presence of the
soldiers in the courthouse. Deputy United
States Attorney Knight, acting under in
structions from Colonel Graham and Mar
shall Baldwin, has sent the following order
to Judge Catln:
QUARTERS OF UNITED STATES MARSHAL,
SACRAMENTO, Cal, July To- l894.
To the Hon. H. p. Catli1 Judge of the Slt-
i'ertor Court-DEAR SIR: l desire to explain
10 you The presence of tbs squad Of troops out
side of your courtroom during a session OF the
court this afternoon. l expressed TO you my
belief at the time that the deputy marshal with
them was acting under msapprehenSlon OF
Instructions, and subsequent developments
prove this 10 be true.
1t seems that these men were sent up as wit
nesseS In The habeas corpus case that was pend
ing before you. and not for any such purpose
as was lntlmated in General Harris speech at
the time, and the deputy marshal with them
had been directed merely to show Them the
way 10 your courtroom. They brought their
arms under Misrepresentation. l feel 1t due 10
them as well as o the Federal authorities here
TO make this explanation in order that an I'M
preston may no exist here that the officers are
in any way exceeding their authority.
OF course you will understand that no disre-
spect TO the court was In any manner intended.
Respectfully yours, SAMUEL KNIGHT,
Assistant United States Attorney.
NOTWITHSTANDING Knights explanation
that soldiers were present as witnesses
the fact remains that they first entered he
Sheriff's Office and demanded the sur
render OF the prisoners. Deputy Sheriff
Rooney was in charge of the Office at the
time and informed them that the men were
in Judge Catlin's courtroom. They i'm
mediately started upstairs to the court
room, but Rooney reached there first and
told the Judge Of the coming OF the SOL
ders.
Colonel Graham also declares that the
soldiers were sent to the courtroom as wit
nesses against the prisoners. Like the
Deputy United States District Attorney he
claims that their belligerent attitude was
due to a apprehension by the Deputy
United States Marshal who had them in
charge.