Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1889-09-05
TERRY AND FIELDS.
The Actions Of the Dead Californian Put
In New Light
-----.-.-- --------.- III


As defense for the murder of David S.
Terry by Deputy United States Marshal
at LlthroR California, on Wednesday
morning, the 14.h inst, il is claimed that
ex-Judge Terry wss bold, bad man, and
that in killing him under the circum-
stances the end justified lhe means.
Before accepting as a legal maxim, this
recognized moral sentiment Of the Repub-
lean party, it would be well to inquire
whether the necessities Of modern civilizl-
tion require such a startling departure in
our criminal code. Clu not the object to
be attained /. e., the acquittal Of the par
ties implicated, be secured without estab-
fishing as a legal principle, the moral code
of the Republican leaders?
Why cannot the present recognized de-
tense OF mental unsouudness bs used, and
does not such a plea eXDlain the extraor-
binary circumstances OF the casef The
vendetta order of the Attorney General d.
rected % the United States Marshal at San
Francisco. The character and record Of
the man specially selected to see that the
order was executed, and whose company
was accepted by Justice of the Supreme
Court of the United States. The extraOr-
binary exclamation of an associate justice
of the Supreme Court as be took the officer
under bis protection, after the order OF the
Attorney General of the United States had
been executed, "Tbat man assaulted me
and my officer sh0. him." Tue re-
moval of the trial OF The officer, and Of the
Associate Justice, from the Jurisdiction OF
the State court 20 the United States court
by writ Of habeas corpus. The prepare
tiOns made to resort TO extreme measures,
on the least aitenp, TO question, or hesi-
tation % obey that writ. To the order Of
the Attorney General we see the dlsre-
gard Of and contempt for, the protection
offered By the laws of California 10 the
person of a federal Judge. 10 the execu-
ton Of that order We see the disregard Of
and contempt for, the protection offered
I by the laws of California 20 the lives Of
I her citizens. To- all the proceedings there
\ Is nothing which promises 10 increase the
I respect OF the people for the law, or the
judiciary. Surely mental unsOundness
can best explain such extraordinary con-
duc.
IL Terry was a bad man he certainly had
not killed as many men as had he officer
I that shot him down. If Terry offered an
Iindigni.y to the Supreme Court by 40 as
slult upon al associate Justice be certainly
offered no indignity TO that court equal to
I that given by the associate justice when
| he justified the taking of human life for an
assault and battery upon his person. If
Terry vas a dangerous man, with little re-
gard foe human life, what shall be said Of
an Attorney General of the United States
who would utterly ignore the penal code
of sovereign State and issue the order IN
der which Terry was killed If
Terry had little respect for
the laws Of his country, what
shall be said OF Justice Of the Supreme
Court Of the United States, who prefers
the protection offered by an armed guard
travelling as my officer 10 that afforded
by the State from which be had been
selected for the Supreme Bench,
Wi the exception OF the man killed,
arraut fear seems % have controlled the
action and ruled in The council Of all con-
nectsd with the unfortunate affair. Ii it
could he established that excessive fear
will produce insanity, there would be no
difficulty in proving the mental unsound-
ness Of the Associate Justice. With this
as a defense, and the facts seem to demand
It. there would be no necessity for estab-
fishing a legal principle, the vicious deClar-
alton that the end justidss the means.