ve, and averring that he was at
the time of its commission a deputy marshal of the United States for
the district, acting under the orders of his superior, and under the
directions of the Attorney-General of the United States in protecting
the Associate Justice, whilst in the discharge of his duties, from
the threatened assault and violence of Terry, who had declared that on
meeting the Justice he would insult, assault, and kill him, and that
the homicide with which the petitioner is charged was committed in
resisting the attempted execution of these threats in the belief that
Terry intended at the time to kill the Justice, and that but for such
homicide he would have succeeded in his attempt. These particulars
are stated with great fullness of detail. To this traverse, which was
afterwards amended, but not in any material respect, a demurrer was
interposed for the sheriff by the district attorney of San Joaquin
county. Its material point was that it did not appear from the
traverse that Neagle was in the custody of the sheriff for an act done
or omitted in pursuance of any law of the United States, or any order,
process, or decree of any court or judge thereof, or in violation
of the Constitution or a treaty of the United States. The court then
considered whether it should hear testimony as to the facts of the case,
or proceed with the argument of the demurrer to the traverse. It decided
to take the testimony, and to hear counsel when the whole case was
before it, on the merits as well as on the question of jurisdiction.
The testimony was then taken. It occupied several days, and brought
out strongly the facts which have been already narrated, and need not
here be repeated. When completed, the question of the jurisdiction of
the Circuit Court of the United States to interfere in the matter was
elaborately argued by the attorney-general of the State, and special
counsel who appeared with the district attorney of San Joaquin county
on behalf of the State, they contending that the offense, with which
the petitioner was charged, could only be inquired into before a
tribunal of the State. Mr. Carey, United States district attorney,
and Messrs. Herrin, Mesick, and Wilson, special counsel, appeared on
behalf of the petitioner, and contended for the jurisdiction, and for
the discharge of the petitioner upon the facts of the case. They did
not pretend that any person in the State, be he high or low, might not
be tried by the loc