130 US 353 Captain Jack

130 U.S. 353

9 S.Ct. 546

32 L.Ed. 976


April 15, 1889.

S. F. Phillips, W. H. Lamar, and J. G. Zachry, for petitioner.

Sol. Gen. Jenks, for respondent.


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The only distinctions between this case and that of Gon-shay-ee, ante, 542, in which the opinion has just been delivered, are—First, that Captain Jack was sentenced to imprisonment at hard labor in the penitentiary of Ohio for 30 years, and the writ must therefore be directed to the keeper of that institution at Columbus, in that state; second, that it appears by the record that in the former case the offense was committed on an Indian reservation, while in the case of Captain Jack the act was done within the judicial district, but not upon such a reservation. We do not consider that these differences have any influence in the decision of the question as to the jurisdiction of the court which tried them both, and that therefore in this case, as in the former, the writ of habeas corpus should issue.