Show t WAS IT JUSTIFIABLE II Federal Court at Omaha Wrestling with Peculiar Question Omaha Jai 1lJIie habeas corpus caso of Corp Fair and Private Jockens of tho Tenth infantry held In the State courts for murder for shooting Deserter Morgan came up I before Judge Mutt get I In the Federal court today United Stats District Attorney Summers appeared ap-peared for the prisoners The facts re J yWil the killing an not In controvert contro-vert 1 thv question being wliethT it vas justifiable From thn line of queatlonlnp1 adopted and the attitude of tho court It Is evident evi-dent thai the iult of the case largely hinges upon whether Morgan was In the act of escaping when shot or whether the escape was an accomplished accom-plished fact JUKI the soldiers l were slm Ply trying to apprehend 0 deserter If Morgan wa an escaping prisoner the Judge Indicated that under military law the soldier had a right to shoot ow n jf not on the military reservation if he had escaped the Judge Indicated Indi-cated that It wa quoatlonxblo whether they 1 had even the right to arrest him rllht nut should have appealed to the civil authorities when Morgan was found outside of a military reservation |