Page:Federal Reporter, 1st Series, Volume 3.djvu/132

 BTATB V, POBT. 125 �EevÎBed Statutes of the United States. After full argument an order for removal was made. The cause now cornes up for a preliminary examination of the charge against the accused, the question being whether they should be held to answer th» accusation against them at the next term of this court, or bd discharged. �The reply of the defendants to the charge made against them is set forth in their petition for the removal of tha cause to this court, and is relied on at this hearing. It is as foUows : " At the time the alleged killing occurred they and ail of them were officers appointed under and acting by author- ity 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 dis- trict includes said county of Campbell, and that each of your petitioners were there, and then and there, acting under color of said of&ce and of said internai revenue laws, and that tha act for the alleged commission of which said affidavit was made, and said warrant of arrest waa issued, was performed, if performed at ail, in their own necessary self-defence, and while engaged in the discharge of their duties as deputy col- lectors of internai revenue, as aforesaid, and while acting under authority of said internai revenue laws of the United States as aforesaid ; that what they did was done under and by right of their said office ; tîiat it was their duty to seize illicit distilleries and the apparatus that is used for the unlaw- ful distillation of spirits, and that while attempting to seize Buch distilleries as aforesaid in said collection district, and in said northern district of Georgia, and being engaged in such attempt to seize said distilleries under and by authority of the revenue laws of the United States as such deputy collect- ors as aforesaid, they were assaulted and fired upon with guns and other deadly weapons by a number of armed men, and that in the defence of their own lives they returned the fire of their assailants, which is the alleged murder mentioned in 8aid affidavit and warrant of arrest as aforesaid." �The testimony establishes beyond controversy the foUow- ing facts : On the night of June 23d the defendants, ail of ����