Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-08-21
THE JUSTIFICATION OF NAGIE.

The press of the country continues to
discuss the Terry killing, and the opinion
intensifies with each consideration of the
case, that Nagle was not only justified in
shooting as he did, but is to be commended
for his action, since he was appointed with
the especial instruction to guard the life of
the Justice. The most recent argument
goes to the extent intimated by the Rec
oRD-UNIoN the morning after the tragedy,
that under the law, had Justice Field been
merely a private citizen, and had Nagle
not been under instruction to protect him,
the latter would have been justified had he
shot Terry when he refused to refrain from
assault upon the aged victim he had struck
from behind without warning, knowing
that Terry had threatened Judge Field,
and that he had sworn that he habitually
went armed. New testimony has devel-
oped showing that Nagle had reason to be-
lieve that Terry was drawing weapon,
and to this Mr.. Lidgerwood, merchant
who stood within foot of Terry when he
fell, emphatically testifes. The same gen.
tleman, stranger to all parties, gives the
lie direct to the wife of Terry when she
asserts that Justice Field fred weapon at
Terry. That the justification of Nagle is
complete under the law, is to be seen from
the reading of the 10th section of the
Penal Code: Homicide is justifable
when committed by any person in either
of the following cases: When resisting any
attempt to murder any person, or to COM
NIT felony, or to do some great bodily
injury upon any person, or" etc. 1t is
altogether significant that both Terry and
his wife made their wills and deposited
them in the office of a lawyer the day pre-
ceding the assault of Terry upon Justice
Field. The expression of the leading
Eastern press as it now comes to hand is
almost unanimous in justification of the
Deputy Marshal, and very few doubts are
expressed concerning the wisdom of his
action. The Chicago Inter Ocean of the
18th inst. in an elaborate review of the
case says:
The Deputy Marshal, David Nagle, who fred
the fatal shot, claims that he was performing a
strictly official duty in protecting the Court If
Terry had slapped Nagle himself in the face no
one would have questioned his right to shoot to
KILL and would he not have been censurable had
he not come with all possible promptness to the
protection of his superior officerf The insult
and attack-for 1t was both-did not occur in q
Courtroom, nor in chambers, but on the other
hand, Deputy Marshal does not put off mis-
official responsibility when he leaves the i'm
mediste precincts of G Courthouse Nor does a
Judge cease to be Judge when he descends
from the bench. Whatever the strictly legal
aspects OF the case may be, It must be admitted
that Deputy Marshal Maggie was in honor bound
TO defend the venerable Judge at his side The
attack did not grow out OF any personal ami
mostly, but resulted from the fact that in the
due discharge of his duty as a United States
Judge, Justice Field had Incurred the deadly
enmity OF Terry then aching as an attorney in a
case pending before him. 1t is of the very
highest importance TO the impartial discharge
of judicial duty the country over that no irste
lawyer shall be able To intimidate the Court,
In siapping Judge Field in the face ex-Judge
Terry insulted and menaced the entire judiciary
! of the United States.