Page:Federal Reporter, 1st Series, Volume 2.djvu/69

 63 TEBEBAL BEFOBTEB. �The first one charges him with "an attempt to commit the crime of murder by means not constituting an assault with a dangerous weapon, " by wilfuUy and maliciously "shooting one Edward Eobert Eoy," on October 8, 1879, with a loaded pis- tol, with intent him to murder, at Sitka, in the territory of Alaska. The second one charges him with an assault upon said Eoy, at the time and place aforesaid, with a loaded pistol, with intent him to kill, and alleges that said territory of Alaska was then and there Indian territory. The defendant demurred to the indictment upon the ground that the facts stated did not constitute a crime. �The court sustained the demurrer to the second count, hold- ing that Alaska was not "the Indian country" within the pur- view of section 21 of the act of March 27, 1854, (10 St. 270; Eev. St. § 2142,) defining the crime of an assault by a white person within such country, with a deadly weapon, with intent to kill, and citing U. S. v. Savaloff, 2 Saw. 311 ; U. S. v. Garr, 3 Saw. 302; WatersY. Campbell, 4 Saw. 121. �The demurrer to the second count was overruled pro forma, whereupon the defendant pleaded guilty thereto, and then moved in arrest of judgment for the cause stated in the de- murrer. �This count is based upon section 2 of the act of March 3, 1857, (U St. 250; Eev. St. § 5342,) which provides in effect that every person who, within any place or district of coun- try under the exclusive jurisdiction of the United States, or upon the high seas or other water within the admiralty juris- diction thereof, and out of the jurisdiction of any particular state, attempts to commit murder "by any means not con- stituting the offence of assault with a dangerous weagon," shali be punished, etc. �Without doubt Sitka, in Alaska, is a place under the exclu- sive jurisdiction of the United States, and, so far as this charge is concerned, not within the jurisdiction of any organized or judicial district thereof. Therefore, it appear- ing from the indictment that the defendant was first brought within this district for trial, it folio ws that, if the alleged ����