The Black Hills union. [volume] (Rapid City, Pennington County, Dakota [S.D.]) 1889-1904, 1889-09-20
WAS JUSTIFIED
IN KILLING JUDGE TERRY FOR HIS
ASSAULT ON FIELD.
Such Is the Decision of the United States
Court-Habea Corpus Granted-Opirion
by Judge Sawyer - Another Chicago
Boodler Keturns-Othcr News.
Magic is Discharged.

,ult court at San Francisco, has rendered
1 decision in the habeas corpus case of
Deputy Marshal Maggie, who shot Judge
Terry last month. and discharged Nagle
from custody. A bill of exceptions file
by the counsel for the state was allowed
by the court, and pending an appeal to
The United States supreme court Maggie
was released On his own recognizance,
with bonds fixed at $4,000.
The decision was very long. 1t gives q
review OF the circumstances of the past
year, including the threats of Terry and
tragedy. In commenting on the subject
of jurisdiction Judge Sawyers says.
There is no conflict of authority. The
state in such cases is subordinate md 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 qucs-
ions the court considers are, (D "Was The
homicide committed by the petitioner
while acting in the discharge of a duty
imposed upon him by tho constitution and
laws of the United States;" and (2) WAS
the homicide necessary or was it reasona-
bly, apparent to tho mind Of the petitioner
at the time and under the circumstances
then existing that the killing was necessary
in order to q full and complete discharge
of such duty" The court declares that
tho 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 a
sheriff as to such matters.
The court further declares that only a
United Statcs marshal or his deputy could
have performed the duty OF protecting
Field. the use of the state police being
impracticable, as the powers of a sheriff
would have ended at the borders of his
county. Judge Sawyer states: After
mature consideration we have reached the
conclusion that the homicide in question
was committees by the petitioner while act
ing III the discharge of a duty imposed
tpoi1 Hlili ~ LII tOuslllutlOu uuu liHS OIL
the United States"
Judge Sawyer says that he has seen
some adverse criticism to the effect that
Maggie fired too quickly, and on this sub
iect the decision closed as follows: Nj
gle was IN the scene Of action facing the
party making a murderous assault, know
ing by reasonable experience his phys
lcal powers aud his desperate
character; and by general roputa-
ton of his lifelong habit, Of carrying arms
in readiness to use them, and his angry,
mnrdcrous threats, and seeing his demon
iacal looks, his stealthy assault from be.
hind, and remembering tie sacred trust
committed to his charge, Maggie in these
trying circumstances was the party to de-
termlne when the supreme moment for
action had come, and if he honestly acted |
with reasonable Judgment and discretion
the law justltiesI him. even if he erred.
But h will AVE the courage to stand ND
in the presence of the facts developed in
the case and say he fired the smallest
fraction of 4 seconl too soon? In our
own Judgment he acted under the trying
conditions surroun ling him in good
faith and with consummate courage, judg-
ment and discretion. The homicide was.
III our opinion, clearly justiiiable in law,
and in the forum of sound, practical COM
mon sense ~cOmmeudable."