Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1889-09-27
NAGLE WAS JUSTIFIED
IN KILLING JUDGE TERRY FOR HIS
ASSAULT ON FIELD.
Sucl, is the Decision of the United states
Court-HaDcas Corpus Gran;cd-OpiEion
by Judge Sawyer Another Chicago
Buo,iler Iscturns-Othcr News.
Sa.lc is Discharged.


judge SAWYER. in the United States cir
cult court at San Francisco, has rendered
n 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 l
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 $1,000.
| The decision was very long. 1t gives a
review of the circumstances of the past
year, including the threats of Terry and
his wife, which eliminated i'll the recent
tragedy. In commenting on the subject
of jurisdiction Judge Sawyers says.
There is no conflict of authority. The
state in such cases is subordinate and the
national government paramount. He
continues: "The,e can be no doubt that
affected by reason of the location where
the homicide occurred" The main ques-
tons the court considers are. ID WAS he
homicide committed by the petitioner
while acting in the discharge of duty
imposed upon him by tie constitution and
laws of the United States;" and (2) Was
the homicide necessary or was it reasona-
bly, apparent to the mind Of the petitioner
at the time and under the circumstances
then existing that the killing was necessary
in order to full and complete discharge
of such DUTY" The court declares that
the marshal is peace officer SO far as
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 States marshal or his deputy could
have performed the duty of protecting
Field, the use of the state police being
impracticable, as the powers of 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 IN the discharge of duty imposed
upon him by the constitution and laws of
the United States"
Judge Sawyer says that he has seen
some adverse criticism to the effect that
Nagle fired too quickly, and on this sub
ject the decision closed as follows: Ma
gle was on the scene of action facing the
party making a murderous assault, know
ing by reasonable experience his phys
ical powers and his desperate
character; and by general reputa-
ton of his lifelong habit Of carrying arms
in readiness to use them, and his angry,
nurderous threats, and seeing his demon
iacal looks, his stealthy assault from be.
hind, and remembering tie sacred trust
| committed to his charge, Nagle in these
trying circumstances was the party to de-
| termine when the supreme moment for
| action had come, and il he honestly acted
with reasonable judgment and discretion
the law justltiesI him, even il he erred.
But who will have the courage to stand up
in the presence of the facts developed in
the case and say he fired the smalles
fraction of second too soon? In our
own judgment he acted under the trying
conditions surrounding him in good
faith and with consummate courage, judg-
ment and discretion. The homicide was
in our opinion, clearly justifable in law.
and in the forum of sound, practical COM
mon sense commendable.