Show airm lit is kro baist on a tint it coram SAN au 17 deputy marshal who and killed david S terry at last wednesday was removed from atil at stockton liy sheriff an leour before day light this morning and brought to this city on a epe ail train this proceeding was based upon a writ ot haneas corpus by judge sawyer of the L S circuit court es berday dir ettin to produce negla n abe circuit court at eleven this morning nagle was taken from the stockton jail at an early hour in order to avoid alie ex it ement which bis removal during the day might have ned A great number of persons were present in the circuit court room this morning when be appeared attorney maguire introduced intro dued district attorney white of sin joaquin aliey appeared to atie release of by abe federal alie attorney after read ing the papers connected wih abe proceedings entered a general protest to he order of court claiming it was beyond the jurisdiction of the federal courts to tako from alie custody of a stale a person n ho baa been arrested for the commission of cama athin the s ates jurisdiction and against the state IAMS it the court pleasa eaid attorney maguire Magui rc we desire to protest against any requirements of this court to lie sheriff of san joaqim county to bring a perron held under state anthorny ant borny into aliis court on a n lit of habeas corpus alie prisoner has bobber boB ver been brought into cobit out of deference to the court by the sheriff and the alier ill now presents his returns to the writ the attorney then proceeded to read a written return e eliell take abe position on behalf of the people of atie state of california that sir angle is in the custody of the state authorities and abe federal courts have no jurisdiction to take a prisoner from the custody of state abat objection gives rise to a ery important question wh uh we are not at present prepared to argoe judge sawyer the claim on the part of the prisoner is that the acts complained of were committed in the performance of duty boder laws of abe united states and by reason of that be has been brought within the jurisdiction of aliis court we recognize the necessity of your being thoroughly prepared for the argument and probably for ascertaining the ailta it perhaps might bead postpone abe matter tor a week to give counsel opportunity to decide what would be the proper course to pursue after conferring alio lawyers decided they would be ready to argue alie questions raised thursday and atie hearing was set for I 1 hat date deputy agle returning to J ill under custody of abe united states marshal noun in the danl ol 01 outlaws cotra killed texas au 17 since the fighting last evening in the streeta here ahinga have been quiet county oll who are among the woodpeckers pec kers retreated to the court house carrying their wounded and still occupy it supported D V the houston light guards veco arrived here this twenty five strong the wounded in the court bouse are judge 8 W barter now a member ui the legislature and deputy sheriff mason shot badly through the shoulder one ball entered beneath the shoulder blade of judge barker and another through the groin the bodies of sheriff jainel garvey and ex sheriff blakely are still lying here there being no officer to hold an inquest alie ja birds are in possession of the streets aud no warrant has beau sworn out or an arrest made henry frost leader of the lay birds was also cliot down on the streets last night with four bullet wounds and is he was waylaid some months ago ami shot in the bark with a load of buck shot but recovered the jav birds are undoubtedly pro aired for trouble at any while the opposition has materially weakened by a losa of lead ers there is a panic among the people here chiefly negroes and nearly a hundred leave left by rail today to day never to return it is said henry frost the jaybird after he was shot down raised himself on bia arm and killed ex sheriff biakely liis winchester governor HOBS is expected uj night pittsburg Pitts bure pittsburg 15 new york 10 chicago chicago 8 5 0 columbua 3 kansas city kansas city 7 baltimore 6 louisville Louisy illa 0 brooklyn 10 st louis st iube athletics 1 cleveland cleveland 1 boston 2 Indianapolis Indianapolis adelphia 7 honor to fravil tenn AUK 17 the annalve bary of the birth of david crochelt Croc kelt v as celebrated today to day at bla birthplace speeches were made by gov cuylor E L wells of ohio and col R H crockett brand foil of the alj backwoodsman an immense crowd waa present and a fund was started to build a monument aner hit 17 acting indian belt has graphed to agents at conray and uintah reservations in utah asking or information as to the report that the indians are off their leuer ahe ludian ollice lias nut yet receive dany other than that contained in the thi saumil cal aug 17 john alren aud win dreer convicted together with john II 11 aayers ottlie murder of john low ell a ranchman about a year ago etero sentenced today to be hung on wednesday october irth albera expiated his crime on the on No bember last lion Hillh twi dead ORLi sut PA aue 17 hon frederick waltg ei judge of the nineth pennsylvania Ienn sylvania judicial district commissioner of under president grant and es ol 01 I 1 the cumberland valley railroad died tere t ere today to day aged 87 years |