The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-09-17
FEDERAL AUTHORITY
Judge Sawyer Releases Nagle
The Case Appealed.
GRANT, SHERIDAN AND SHERMAN.
Presentation of Their Portraits to the Military
Academy Irrigation of Arid lands
Major Warner.

SAN FRANCISCO, Sept. 16-Judge Sawyer
in the United States circuit court this
morning rendered decision in the habeas
corpus case of Deputy Marshal David
Maggie, and discharged Maggie from custody.
A bill Of exceptions was filed by counsel
for the state and was allowed by the court
and pending the appeal to the United States
supreme court, Maggie was ordered to be re-
leased on his own recognizance, with bonds
fixed at 5000
The decision was very long. 1t gives a
review of the circumstances that culmin-
ated in the recent tragedy. In commenting
on the subject of jurisdiction, Judge Saw
yer says: 'There is no conflict between
the authority of the state and the United
States. The state in such cases is subor
dinate and the national government para
mount
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, the court considers,
are: /" Was the homicide committed by
the petitioner while acting in the discharge
of the duty imposed upon him by the con-
stitution and laws of the United States!"
IAnd
2-"Was the homicide necessary or was
it reasonably apparent to the mind Of the
petitioner at the time and under the cir
cumstances then existing that the killing
was necessary in order to full and com
plete discharge of such duty"
The court declares that the 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 the sheriff as to such mat
tiers.
The court further declares that only the
United States marshal or his deputy could
have performed the duty of protecting
Field, the use of the state police being i'm
practicable as the powers of the sheriff
would have ended ut the borders of his
county.
Judge Sawyer states: After mature
| consideration we have reached the conclu-
sion that the homicide in question was com
mitted by the petitioner while acting in
| discharge of the duty imposed on him by
the constitution and laws of the United
! States"
| Judge Sawyer says he has seen some ad-
verse criticism to the effect that Maggie
fired too quickly, and on this subject dis
coursed as follows: maggie was on the
scene Of action, facing the party making a
murderous assault, knowing by personal
| experience his physical powers and his des-
| lifelong habit of carrying arms in readi-
ness to use and his angry and murderous
| threats, and seeing his demoniac looks, his
st ealthy assault from behind, and remem-
bering the sacred trust committed to his
charge, Maggie, in these trying clrcum
stances, was the party to determine when
the supreme moment for action had
come, aud if he honestly acted with reason
able Judgment and discretion, the Jaw JUST
! fes him if he fired. But who viii have the
courage to stand up in the face of the facts
developed by the testimony in this case
and say he fired the smallest
fraction of a second too soon? In our
J judgment, he acted under the trying
conditions which surrounded him III
good faith and with consummate courage
His judgment and discretion in committing
! the homicide was, in our opinion, clearly
! iustifable in law, and in the forum OF
sound, practical common sense, commend
| able"