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.
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