Arizona silver belt., 1889-08-24
TnE TERRY HOMICIDE.

was not only publicly spoken of, but occupied space in California newspa. pers that such was the intention, and so firmly was it impressed upon Judge Fields colleagues of the United States supreme bench, that the life of their judicial associate was in such immi- nent danger from threatened attack by ex-Judge David S. Terry, that they instructed w. Il. H. Miller, Attorney General of the United States, as the superior officer of the U. s. marshals, to take such steps as would avert the threatened tragedy. Whereupon Mar shal Franks, of California, was ordered to take whatever means were necessa- Ey to protect the persons of Justice Field, and Judge Sawyer (who had already been assaulted by the Terrys) from any attack, even to the taking of life, if necessary. It was upon this order, and the hypothesis that Field s life was in immediate danger of being taken, that Deputy U. s. Marshal David Nagle fired the fatal shot which terminated the earthly existence of Terry.
 Attorney General Miller has this to say concerning his order "It was given out under my direction. There was danger that Judge Terry, who was stated to be a violent and des- perate man, would, very likely, make deadly assault upon Judge Field and Judge Sawyer, one or both of them, and that some precaution ought to be taken in the premises l, there fore, called the attention of the mar shal of that district to these state- ments, and told him that it was due to the country and the courts that pre- cautions should be taken to keep the peace and protect the courts and judges Tn the discharge of their duties. Judge Field was fully ad- vised of Terry's intention to assault him. He said to an interviewer in behalf of San Francisco journal: Reports have been circulated all over the country to the effect that Judge Terry had declared his intention to assault me at the earliest opportunity. and that if l dared resent it he would kill me. l was warned and advised to arm myself by hundred different people, but positively refused to go armed while in the performance of my duty, and l think when the time comes when it will be necessary for Judge to 20 armed, while in the per iormance of his duty, it will be time to abolish courts" Continuing, the Justice said; "The United States Dis triet Attorney having heard these re- ports, instructed Franks to send deputy with Judges Sawyer and Field to protect them from any harm that Terry or his crowd might desire to inflict. In pursuance of these instruc- tions Marshal Franks sent Deputy Dave Nagle to Los Angeles yester- day to meet me. did not know of his missicn until ho introduced him. selt about noon yesterday"
 Such being the case the question arises, was Nagle under the circum. stance attending the assault, justified in shooting Terry? The law concern ing the right of a third person to com init homicide in the prevention of felony IS we'll settled, but such person Is confined in his acton to at least reasonable apprehension. A mere assault and battery is not sufficient to justify the killing, but the slayer will be excused if a bona fide belief is en. tertained that a felony Is in process of of commission which can only be ar rested by the death of the supposed felon. The facts upon which the par ty grounded his belief are presented to the jury, and it is for that body to determine therefrom whether or not the belief IS reasonable that homicide was necessary to prevent the commis- sion of a crime. Where a doubt ex- ists, it is rule of law that the accused Is entitled to the benefit of the doubt, and, consequently, the court will so instruct in it's charge to the jury.