Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1889-08-18
TO DEFEND NAGLE.
The Department Of Justice Stands
by Judge Terry's Slayer.
Gen. Butler Could Not be Employed to
Prosecute Justice Field-Naglesssk
Remanded to Jail.
The Only Survivor of the Terry Frederick
Duel Gives His Opinion OF That Eyeffs
and Speaks Well OF Terry. q.
TERRY WAS A BRAVE MAN.

TERRY WAS BRAVE MAN.
~ WASHINGTON, Aug. 17.-Col. Joe McKibben,
the only survivor of the Broderick- Terry,dpel is
at present one of the owners of the teaifef GsBs
corans' snd half proprietor of Marshall hall -
frst-class river resort on the Potomac EEfzis
country seat is about fifteen mites frornsse city
proper and is only accessible BSssfesr steaIpeT.
It was not until Geographic particulars o4zthe
killing of Judge Terry reached the citysester-
day that it was known. that Col. McBabben was.
one of the seconds in that famous duefs He wass
seen at his country place last evening and his
attention called to the terrible fate that had
oYertaken Judge Terry. -
Eyes, I know Terry, and a Drawer man never
drew the breath of life He said:"' 'He,was
principal in a duel with Broderick and
man well known second of Terry.
There never was duel fought fairer
or squarer. Broderick had as many friends
present as Terry, and while the result terminated
IN the death OF my principal can say nothing
against FERRY. l know II has been charged that
Terry fired before the word was given, but this
don't believe. / am now the only living man
who was present at that duel. In regard to the
killing of Judge Terry, certainly think Maggie
exceeded his authority. No matter what people
say about Terry, no one can question his Cour-
age. He has proved that over and over again.
While he was thorn in the sides of a great
many Californians, he was strong man in the
respect OF great many of us Californians. I
only know what have seen in the papers, but
from that account do not think Nagle had any
right TO use such extreme measures as he did. -
NAGLE At SAN FRANCISCO.
SAN FRANCISCO, CAL, Aug. T.-Deputy Mar
shall David Nagle arrived in this city this
Stockton, and was at once taken to the city
prison. writ OF habeas corpus was issued by
Judge Sawyer and DIS; served by Sheriff Cunning
yesterday afternoon, and left there with
Nagle on special train an hour be-
moval was given no publicity, and there was
no at the depot when the train left. The
writ of habeas corpus is returnable in the circuit
10 Nnfrl
pear at that time.
GENERAL BUTLER EXPRESSES HIMSELF.
LOWELL. MASS, Aug. 17.-Gen. Benjamin F.
Butler when interviewed by reporter denied he
had been retained a prosecuting attorney
against Justice Field and Deputy Marshal Nagle !
Gen. Butler says he could not be retained in the \
case as he would not act as prosecuting officer
against Judge Field.
II don't think the law of the case has been
clearly stated in any OF the newspapers, - said
the general. elf man is attacked and is in
danger of his life he is obliged to go to the wall
before he can take his assaant's life. 1t is diff
ierent IN the case OF an officer sent to protect a
justice OF the court. 1t is then left in his udg-
ment to strike when he fears the life of the Judge
is in danger from his assailant.''
INSTRUCTED TO DEFEND.
SAN FRANCISCO, CAL, Aug T.-United States
Attorney Carey yesterday received a telegram
from the department of justice at Washington
instructing him to assume, behalf of the
United states, the defense of Deputy United
States Marshal David Nagle. who shot Judge
Terry Wednesday morning.
MRS. TERRY's APPLICATION REFUSED.
SAN FRANCISCO, CAL, Aug. E.-In July the
supreme court of California reversed the de-
cision of the superior court in the Sharon Hill
Terry divorce case and remanded the case for
nav trial. Mrs. Terry applied for rehearing
before the supreme court to have the order for
a trial set aside. The supreme court yes
terday refused her application.
HEARING OF THE WRIT.
SAN FRANCISCO, CAL, Aug. 17.-Deputv Mar
shall Nagle was taken from Jail at Stockton this |
morning and brought to this city. This proceed.Al
ing was based upon q writ of habeas corpus. is
sued by Judge Sawyer of the United States cir |
cult court yesterday, directing Sheriff Cunning
ham to produce Nagle in the circuit court at IL |
o clock this morning. great number of per-
sons were present in the circuit court |
room this morning when Maggie appeared.
Attorney Mcguire introduced District Attorney
White OF San Joaquin county and said they ap- |
peared conformity to oppose the release of Nagle
by the Federal authorities. The attorneys after |
reading the papers connected with the proceed |
ings entered a general protest to the order |
of the court, claiming it was beyond the |
Jurisdiction Of Federal courts to fake from |
the custody of state official person who had |
been arrested for the commission of crime |
within the states jurisdiction and against state
Mcguire, I'VE desire formally to protest against |
any requirements of this court to the sheriff of |
San Joaquin county to bring person held under |
state authority into this court on a writ |
of habeas corpus. The prisoner has, however |
beer brought into court out of Difference
to the court by the sheriff, and the sheriff now
then proceeded to read the writ, and added: |
eve shall take the position on behalf of the |
people of the state of California that Mr.. Nagle
is in the custody of the state authorities and
that Federal courts have no jurisdiction to take
the prisoner from the custody of state officials
That objection gives rise to a very important
question, which we are not at present prepared
to argue
Judge Sawser said; cit does present q very
important question. The claim on the part of
the prisoner is that the acts complained of were
in the performance of his duty under
the laws of the United States, and by reason of
that he has been brought within the jurisdiction
of this court. We recognize the necessity of
your being thoroughly prepared for argument,
haps might be as well to postpone the matter for
a week, to give counsel an opportunity to decide
what is the proper course to pursue. -
After comforting, the lawyers decided they
would be ready to argue the questions raised
next Thursday, and the hearing was set for that
date, Deputy Maggie returning to jail under Gus
tody of the United States marshal. ~