been prosecuted in some other district.
As above pointed out, the phrase "first brought" originated in the Act of April 30, 1790, long before the days of air travel. Congress could hardly have contemplated that flight across the air space of a particular district constituted bringing the accused into the district; therefore Maine was certainly not the proper district for this trial. In the analogous situation of transit through the territorial waters of a district, without landing, the cases say that such district is not the district into which the accused was "first brought". Pedersen v. United States, supra; United States v. Baker, supra. See United States v. Arwo, supra. The Government makes the reasonable contention, and we so hold, that the district into which the accused is firstS. Ct. 735, 42 L.Ed. 103, supra, the Court upheld the jurisdiction of the United States Court for the Southern District of the Indian Territory to try an accused under an indictment for rape, though it was assumed that the United States Commissioner for the Southern District of the Indian Territory exceeded his authority in issuing, and the marshal in executing within the Territory, a warrant of arrest  which must have been a violation of the law of the forum. Furthermore, there are cases upholding the power of a district court to try an accused who has been brought before it in violation of the procedure laid down by Congress for the removal from one federal district to another of a person charged with crime. Ex parte