Page:Federal Reporter, 1st Series, Volume 3.djvu/125

 lis FEDERAL REPORTER. �others, did commit the offence of murder upon the person of William A. Jones. The affiant declared also that her affida- vit was made that a warrant might issue for the arrest of the accused persons. Thereupon the justice issued a warrant for the arrest of the parties charged in the affidavit, direeted to any sheriff, deputy sheriff, coroner, constable, or marshal of the state of Georgia. �The warrant came to the hands of H. L. Collier, deputy sheriff of Fulton county, Georgia, within whose limits the accused resided. On July 7th Collier arrested and took into custody Port and nine others of the accused, and made a return to that effect upon the warrant on July 13th, and be- fore they had been taken before the justice of the peace who issued the warrant against them. �Port and the other parties arrested, being in custody of the sheriff of Fulton county, filed their petitions, under oath, in the United States circuit court for the northern district of Georgia, of which Campbell county forms a part, in which they alleged the making of the affidavit, the issuing of the warrant, and their arrest thereunder, as above set forth, and prayed for the removal to said court of the prosecution which they alleged had been eommenced against them. Their peti- tion stated the grounds -on which the removal was asked, aa foUows : �"At the time the alleged killing occurrred they and ail of them were officers appointed under and acting by authority of the internai revenue laws of the United States; that they were 'deputy collectors' of internai revenue in and for the second collection district of Georgia, which said collection district includes said county of Campbell, and that each of the petitioners was then and there acting under color of said office and of said internai revenue laws, and that the act, for the alleged commission of which said affidavit was made and said warrant of arrest was issued, was done, if done at ail, in their own necessary self-defence, and while engaged in the discharge of their duties as deputy collectors of internai rev- enue as aforesaid, and while acting under authority of said internai revenue laws of the United States as aforesaid ; that ����