The case of the rightful custody, as between the United
States Marshal and the Ohio Sheriff also came on, February
26th before Judge Leavitt, of the United States District
Court, and was argued by counsel on both sides. On the 28th,
Judge Leavitt decided that the custody was with the United
States Marshal. The substance of Judge L.'s argument and
decision is found in the following extract.
"Judge McLean says: 'Neither this nor any other Court of the
United States, nor Judge thereof, can issue a _habeas corpus_
to bring up a prisoner who is in custody under the sentence
or execution of a State Court, for any other purpose than to
be used as a witness. And it is immaterial whether the
imprisonment be under _civil or criminal process_.' If it be
true, as there asserted, that no Federal Court can interfere
with the exercise of the proper jurisdiction of a State
Court, either in a civil or criminal case, the converse of
the proposition is equally true. And it results that a State
Court cannot take from an officer of the United States, even
on a criminal charge, the custody of a person in execution on
a civil case.
Pages:
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119