Omaha daily bee., 1889-08-18
WAS TT A CRIMEf

who was free TO act for himself, and
whose life does not seem to have been
necessarily in jeopardy" Our local
contemporaries have criticized these
views. The World Herald made this
comment:
What would THE BEE havel Does it
desire that a member of the highest legal
tribunal OF the land be open to the danger
of assassination at the hands of bloody
minded villain, who already has the death of
several human beings TO answer for or
would it have justice OF the supreme court
of the United States go armed like
desperate to defend himself against danger
Gus men who may be offended at his ruingsl
The Republican commented as follows:
This is queer view TO take of the case, in
face of the fact that Terry's previous threats
TO kill Justice Field led to the employment of
the deputy marshal to protect him in the dis.
charge of his official duties. Terry's
record as bully and murderer
suf1iced to justify the deputy marshal
in killing him when he deliberately
slapped Justice Fields face, and that
the shooting was none too quick was proven
by the subsequent discovery that while Ter
ry was provoking the tragedy his amiable
wife was in quest OF a satchel containing a
revolver OF which she was disarmed before
she could find opportunity to use it. Thus
far The BEE has been the only newspaper to
declare the killing Of Terry a CRIME.
The action of the California aut hori-
ties, and of the Judge OF the circuit
court OF the United States, is n
sufficient vindication of the view
taken by THE BEE as to the
criminal character Of the killing
of Terry. The deputy marshal was
promptly arrested and held in custody
by the state authorities. Justice Field
was arrested on warrant issued by a
magistrate and indorsed by a judge OF
a state court. Both were released from
the custody Of the state authorities upon
haheas corpus proceedings by Judge
| Sawyer, of the United States circuit
court and held under bail. 1t is
therefore clear that both the state
| authorities and the federal judge re-
garded the killing of Terry as a GRIM
inal act, for which the responsible
party or parties should be held account
able in the manner prescribed by law.
We cannot undertake to say what fur
ther steps California justice will take in
this matter, but the action thus far has
| distinctly regarded the killing of Terry
as a crime. The conviction of the dep
uty marshal, if he is ever brought to
trial, is extremely improbable, and
| doubtless he is already acquitted
at the bar OF public opinion, but
this does not change the character OF
his act from the legal point OF view.
THE BEE is as solicitous as any of its
contemporaries can be for the security
of public officials when in the discharge
| of their duties against threats or as
sault. 1t fully approves Of all proper
and lawful means for their protection
| when their is reason to believe they are
in danger, as there unquestionably was
in the case of Justice Field. The ap-
poiutment of an officer to accompany
Justice Field for the purpose of pro-
tectlng him was eminently judicious
and proper, though it is quito possible a
more discreet officer might have been
| selected. But it must be borne in mind
that in this country there is no prlvi-
| IcgSu ClioS lOt WhOoC kloeOSOiOh
life may be taken without the justifica-
tion which the laws recognize. What
this Is every intelligent citizen under
stands, and every such citizen must
| confess that it is not to be found in the
act of Deputy Marshal Nagle. To ad-
nit that the record of Terry as a bully
and murderer justified shooting
/ Il 70 Anatb pn1np ha nj ir-
| cumstauces would be to make a prece-
dent, by which police officials every
where could find Justification for killing
some one almost daily. In every city
| in tho country judicial officers are be-
ing constantly menaced by desperadoes
whom they have punished, but no rea.
sonable man will pretend that police
officer IN New York, Chicago or else
where, appointed to protect Judge,
would be justified in shooting down al
assailant, however desperate his char.
acter, who had simply slapped the judi
cial face. The duty of ar
officer would be to attempt to prevent {
further assault and to arrest the assail-
ant.
United States is the equal before the law
of every other citizen, and that is all
The protection to be given him in the
performance of his duties is neither
more nor less than should be provided
for any public official under like cir
cumstances, and goes no farther than to
restrain anyone attempting to interfere
with him in the discharge of his official
functions. There are e,unquestionably oc'
casious when an officer charged with thu
duty of giving protection would be jus
titled in taking life. No such circum
stances were present in the Terry trag'
edy. What might might have occurred
Is not to the purpose. The taking oi
human life can not find justification il
an assumption of possib ilities.
We might quote from a number O
leading papers, whose views of this af
fair are exactly in line with those o
THE BEE, but our position does not re
quire such support. 1t is fully sus
tanned by the judicial proceedings tha
| have already been had in California