Los Angeles daily herald., 1889-09-17
NEAGLE RELEASED.
Terry's Taking-Of Adjudged
Justifiable Homicide.
DECISION BY JUDGHA SAWYER
The Jurisdiction of the Federal
Court is ParamOunt-The
State Appeals.
Associated Press Dispatches to the HERALD.

Associated Press Dispatches to the HERALD i
SAN FRANCISCO, September 16.-The
announcement that decision would be
rendered in the hsbeas corpus caseof Dep
uty Marshal David Neagle, who shot and
killed David S. Terry last month, drew q
great number of people to the United
States Circuit court room today. Justice
Field was present and occupied seat in
the jury box. Judge Sawyer and Judge
Sabine were ON the bench. After the
decision discharging Neagle was read,
notice Of appeal to the United States Su-
preme Court was given by counsel repre-.
senting the State Of California, and
Neagle was released on his own recogni-
zance, his bonds being fixed at $5 900.
The decision is very long and was de-
livered by Judge Sawyer. 1t gives re.
view OF the circumstances of the past
year, including the threats of Terry and
his wife, which eliminated in the recent
tragedy at Lathrop. In commenting on
the subject of Jurisdiction Judge Sawyer
says: ''There is not a conflict between
the authority Of the State and the United
States. The State in such cases is SUBJ
ordinate and the National Government
paramount"
He continues: "There can be no
doubt that the jurisdiction of the United
States is not affected by reason of the
location where the homicide occurred.
The main questions which the Court
considers are: First, was the homicide
now in question committed by the
petitioner while acting in the discharge
of duty imposed upon him by the Con-
stitution and laws of the United States
And second was the homicide necessary,
or was it reasonably apparent to the
mind of the petitioner at the time anu
under the circumstances then existing
that the killing was necessary to per-
form full and complete discharge of
such duty? The Court declares that
United States Marshal is a
peace officer so far as keeping the peace
in any matter wherein the sovereignty of
the United States is concerned, and he
has all the powers of Sheriff as to such
matters. The Constitution provides for
a Supreme Court, and gives to the Presi-
dent the power and duty of seeing that
the laws are faithfully executed. The
Court further declares that only United
States Marshal or his deputy could have
performed the duty of protecting Justice
Field, the use of State police being i'm
practicable, as the powers of Sheriff
would have ended at the borders of his
county,"
Judge Sawyer then states: "After
mature consideration we have reached
the conclusion that the homicide in ques-
ton was committed by the petitioner
while acting in the discharge of duty
imposed upon him by the Constitution
and laws Of the United States"
Judge Sawyer says he has seen some
adverse criticism to the effect that
Neagle fred too quickly, and on this
subject the decision closes as follows:
"Neagle, on the scene of action, was
facing party who was making MUIR
derous assault; knowing by personal ex-
perience his physical powers and his
desperate character, and by general re-
putation his lifelong habit of carrying
arms in readiness to use them, and his
angry murderous threats, and seeing his
demoniac locks, his stealthy assault from
behind, and remembering the sacred
trust committed to his charge. Neagle in
these trying circumstances was the party
to determine when the supreme moment
for action had come, and if he honestly
acted with reasonable judgment and dis
cretion, the law justities him even if he
erred. But who will have the courage
to stand up in the presence of the facts
developed by the testimony in the Gaze,
and say he fred the smallest fraction of
a second too soon? In our judgment he
acted under the trying conditions sur
roundi az him in good faith and with
consummate courage, judgment and dis
cretion. Ths homicide was, in our
opinion, clearly justifable in law, and,
in the forum Of sound, practical common
sense, commendable."